Check out some similar questions!

speedball1 · Jan 3, 2012, 06:20 AM

I have a family friend that needs some legal advice. She is in a ,long term relationship with this man up North. She will be 62 and owns a home in Florida. He just found out he has six months to live. He has asked her to marry him. Here are her concerns.

If I would marry him would I upon his death be responsible for the already late state and Fed. Taxes that he is in arrears for? Since these would be before we would marry.

My Social Securety:

Would by marring him stop my getting my SSI that is to start in April a month after I turn 62?

Would his income effect that?

How long would we need to be married for me to receive his SS after his death?

OK, you legal eagles, can any body help my friend? Thanks for any help. PS. This is in Kansas

AK lawyer · Jan 3, 2012, 06:26 AM

Originally Posted by speedball1

...
If I would marry him would I upon his death be responsible for the already late state and Fed. taxes that he is in arrears for? Since these would be before we would marry.
...

No. You wouldn't

Originally Posted by speedball1

...
...
OK, you legal eagles, can any body help my friend? Thanks for any help.

I will leave the SS questions for another legal eagle. :)

Also, you might consider a prenuptual agreement, as well as estate planning. Do you have children or other relatives you would prefer to leave your estate to? Because without an updated will, he would be entitled to a percentage of your estate.

Congratulations, by the way. :)

cdad · Jan 3, 2012, 02:44 PM

Originally Posted by speedball1

I have a family friend that needs some legal advice. She is in a ,long term relationship with this man up North. She will be 62 and owns a home in Florida. He just found out he has six months to live. He has asked her to marry him. Here are her concerns.

If I would marry him would I upon his death be responsible for the already late state and Fed. taxes that he is in arrears for? Since these would be before we would marry.

My Social Securety:

Would by marring him stop my getting my SSI that is to start in April a month after I turn 62?

Would his income effect that?

How long would we need to be married for me to receive his SS after his death?

OK, you legal eagles, can any body help my friend? Thanks for any help. PS. This is in Kansas

In the strictest sense she would not be responsible for them but she may be responsible to pay them from his "estate". Also she would be filing his last tax return. Anything owned can be taken from the return and/or the estate to satisfy the debt. What they can't take is any portion of "her" money. Also the estate could file banckrupcy and eliviate the debt if it were to be bad enough and there was a mass amount of undiscovered debt.

And from the horses mouth to your ears:

How remarriage affects survivors benefits

In general, you cannot receive survivors benefits if you remarry before the age of 60 unless the latter marriage ends, whether by death, divorce, or annulment.

If you remarry after age 60 (50 if disabled), you can still collect benefits on your former spouse's record. When you reach age 62 or older, you may get retirement benefit on the record of your new spouse if they are higher. Your remarriage would have no effect on the benefits being paid to your children.

Ref:
Get Help With Your Situation

AK lawyer · Jan 3, 2012, 05:43 PM

Originally Posted by califdadof3

... Also the estate could file banckrupcy and eliviate the debt if it were to be bad enough and there was a mass amount of undiscovered debt. ...

Are you sure? I have practiced bankruptcy, as well as probate, for decades, and have never heard of a decedent's estate filing for bankruptcy protection.

cdad · Jan 3, 2012, 07:15 PM

Originally Posted by AK lawyer

Are you sure? I have practiced bankruptcy, as well as probate, for decades, and have never heard of a decedent's estate filing for bankruptcy protection.

Maybe I have heard wrong or read it wrong. But an estate can be held separate.

Property of the bankruptcy estate

AK lawyer · Jan 3, 2012, 07:32 PM

11 USC § 101. Definitions

"...
(41) The term “person” includes individual, partnership, and corporation, ..."

§ 109. Who may be a debtor

"(a) Notwithstanding any other provision of this section, only a person that resides or has a domicile, a place of business, or property in the United States, or a municipality, may be a debtor under this title.
..."

An estate is not a individual, a partnership, or a corporation. Therefore it is not an "individual". Therefore it cannot be a debtor in bankruptcy.

speedball1 · Jan 4, 2012, 08:25 AM

I wish to thank all the experts that responded to my question. You all have been very helpful. Thank you so much and if you ever have a plumbing problem I'm your guy. Cheers, n Tom