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My mother and step-dad hid from me and my step-brother their unpaid taxes from 2005-2009 and 2010 was filed on time. Since a great percentage of the taxable income was my mother's her checking account was used to pay these taxes. My step-brother wanted to know what his dad's part was and the CPA waited until they were all paid to tell us. My step-dad owes my mother a little over $37,000 for his part of back taxes, penalties and CPA fees, ( I did all of the grunt work for the CPA). He and my step-brother agreed to pay this money on a monthly basis back in April of 2011 to the tune of $2,000 a month and they have not paid a dime despite my reminders. I'm my mother's durable and medical POA. Thus, I am strongly considering telling my step-dad and step-brother forget it and forget filing married jointly for I will tell the CPA to file my mother married separately which she use to do. Nothing personal, but this seems to me to be sound business from the perspective of protecting mom's money which is helping pay for her nursing home along with the long term care insurance she has. Other than changing from filing jointly to separately is there is any other action that I can take? BTW, my mother has checking, money market, CD's in a bank seperate from my step dad which she changed in 2005 to a joint account with me with the right of survivor-ship and did the same thing in 2009 with her securities. They do have a joint account, but nothing is paid from it for her support in the nursing home.

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When the "deal" for repayment was made was it put in writing and signed? You could take them to court with your Mother's approvial? I would have to agree that your mother if of sound mind would have to decide how she wants to proceed. You are very smart to protect any monies she has so you can manage her care as she age's as you are seeing first hand it is very expensive.
Blessings,
Bridget
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If your goal is to protect your mother's assets, which is your right as her son, I would speak to an attorney to see if she can keep her assets separate from her husband's. Sounds like he is not a reliable financial caretaker.
I know that you can put a fraud alert or freeze on her credit report so that no one can take out a loan or get information without her approval. She can establish separate bank accounts under her SS# only.
My concern would be that, if he should pass before her, she may be liable for his debts. Which is worrisome since she may not know if he has amassed debt without her knowledge.
I would consult an elder attorney first just so you know what you can do to protect her. Sounds like the step dad and brother are not stepping up to the plate to meet their obligations...which makes me think that they would not worry so much about your Mom's financial safety in the future.
good luck
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C:

The only things I can think of is (1) forget about it and file separately from now on; and (2) contact dept. taxation & finance for tips on how to recoup that $. I would, however, talk with Mom. Let her make the final decision.

-- Ed
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