Background: After eight-plus years of marriage, and believing everything "the love of my life," my husband told me, I found letters from IRS requesting payment for taxes not filed/paid. I was absolutely livid, because my husband had always told me each year that the CPA (his) had/would take care of it. I accepted that explanation each year until I found the paperwork from IRS. When I called IRS, they told me someone had filed taxes in 2003, with me as a dependent, but of course, since it wasn’t me, they could not divulge any other information. When I attempted to get copies of the reportedly filed 1040, they refunded my check and said nothing was found. In April 2008, I filed for divorce because my husband would not acknowledge IRS or anything about them. He was served 4-23-08, but did not answer, probably due to cost of filing a response, and the default judgment was filed 7-22-08. In the meanwhile, he never moved out of the home (rental), but disposed of property (motor home, trailer, etc.) before July 22, 2008. Unfortunately, on August 12, 2008, he died of a heart attack. They called me at work and I immediately went to him, but was to late to be with him the last moments. I borrowed money to pay for the services, and made all arrangements. When I applied for widow benefits, SS says he was divorced at the time of death, and we had not been married 10 years, although the divorce would not be finalized until October 24, 2008. Since his death, I have found the 2003 1040 filed with IRS, with billing from his CPA that he used, for services rendered, although the forms are not signed, there is a note (my husband’s handwriting) on the outside of the file "mailed 10-6-2006".
Prior to his death, he had indicated several times that he would like to stop the divorce, although we never signed anything, he did write letters indicating this, and it was a given that we would work things out. All I wanted was for him to be honest with me about the IRS; I can deal with most anything except deceit, etc. I would like to set aside judgment if possible, and resolve all issues. It is my understanding that IRS will come after me regardless of marital status. The court will look at it as me trying to obtain his SS for gain. I am 67 years old and he was 62 years old, when he died.
We were not wealthy, or even well off when he died, and the difference in my current SS and what his would have been is probably less than 0 month. He had filed for his SS, but had not yet received his first check when he died. I would like to deal with IRS myself; it should not be the responsibility of his two daughters from previous marriages. He had been married 5 times previously; I was number 6 and each had lasted less than 2-3 years each, except ours, which lasted 8 1/2 years.
Question: What can I do to set aside default judgment of divorce in California? The Family Law Facilitator for Tulare County told me, (not a printed or written list of things to do) and as I was dazed, wounded, and still hurt, I now unsure of what they told me. I remember her saying, I had to serve the Estate of (my husband), which would be his two daughters, but if they are (the estate of —-), do they also inherit all debts? I would like to relieve them of that responsibility, it is hard enough for me and I thought I knew him. There is no property, real or otherwise, no insurance, only a 2005 Nissan Titan with a balance of ,000+ on it, and personal belongings, which will be given to the appropriate family members, (2 sisters, father, 2 daughters, and grandson).
What can I do to set things right?
Thank you for viewing/listening.
MM

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Filed under: Divorce