What Happens If A Deceased Estate Lacks Funds To Pay Owed Taxes?

May 2, 2024    Estate Planning Lawyers Perth
What Happens If A Deceased Estate Lacks Funds To Pay Owed Taxes?

It’s disheartening to lose dear ones and even more disheartening when you fail to manage the deceased estates. In every culture and nation, estates are the real assets to gift to your posterity and preserve it as a legacy. Still, if you fail to manage funds to pay owed taxes, it can result in punishment and loss of your assets, leading to insolvency. As per the legal system of WA, an executor of the will takes care of the estate.

An executor of the will holds the authority to manage the deceased estate. These legal responsibilities include paying taxes owed from the estate’s assets, paying funeral expenses, and clearing creditors’ debts. However, the situation becomes complex and troublesome when the estate lacks funds and fails to cover these obligations.

In these circumstances, the best deceased estate lawyers in Perth can aid you in legal procedures and ensure the proper management of the estate.

Claims Against an Insolvent Estate

If you are the executor of the will and you fail to accumulate funds to pay the owed taxes of the deceased state, then the estate will be accepted as insolvent. In such cases, deceased estate lawyers in WA can guide you in handling these cases by prioritizing claims as per the statutory requirements.

Let’s go through the order of priority:

  • The funeral expenses are the first type of expenses that need to be paid.
  • The next expense that is required to be paid is the costs that are included in the administration of the estates, such as the legal fees.
  • The next in the queue covers the income and all the other taxes that the deceased was responsible for paying before their soul departed.
  • The remaining debts that come under the expenses, like personal loans, credit card dues, and utility bills, are finally settled with the other remaining assets.

What are the Major Roles of Deceased Lawyers in Perth WA?

Dealing with legal procedures in the case of an insolvent estate requires a deep insight into the legal management related to the deceased estate. This is where a deceased lawyer in WA comes to your aid, holding expertise in deceased estate management.

Let’s find out how estate planning lawyers in Perth can help you resolve your deceased estate cases:

1. Legal Adviser and Representation:

A professional lawyer will provide you with advice related to your legal obligations and your rights. These duties comprise advising you on legal procedures and representing the estate in court if required.

2. Management of the Claims of Creditor:

Managing the claims of creditors is a complex task, and this is where the best-deceased estate lawyers in Perth assist you in the negotiation of claims with creditors, validating that all claims are made by following the law.

3. Compliance with Tax and Negotiation:

These legal experts make sure that all the tax filings are accurate. They are further capable of negotiating with tax authorities for payment plans or settlements if the estate is incapable of paying all the taxes immediately.

4. The Distribution of the Remaining Assets:

When all your debts and taxes are settled after satisfactory negotiation, the wills and estate lawyers in WA aid you in distributing the remaining assets among the beneficiaries, as mentioned in the will.

How Can You Plan to Manage Estates to Avoid Insolvency?

If you want to save yourself from the risks and complex situations related to insolvent estates, you are required to have proper estate planning. To minimize the risk of Insolvency after the death of your dear one, seeking assistance from an estate planning lawyers Perth should be a priority.

Let’s check the following strategies that can help you have better planning of estates to avoid Insolvency:

  • Ensure that you have created a comprehensive document detailing all the assets that are accounted for and clearly describing how debts and taxes should be paid.
  • Make sure that you have a life insurance policy that can cover owed debts and taxes and validate that the estate’s assets are not depleted.
  • Make sure that you are updated with changes in assets, debts, and personal circumstances in order to prevent complexities after death.

Summing Up

It is challenging to manage deceased estates with a lack of funds to pay owed taxes and more challenging to proceed with the legal procedures. However, with the initiation of proper planning and assistance of best-deceased estate lawyers in Perth, they can help you in dealing with estate matter.

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