My husband and I haven't paid our estate tax in over a decade. The house has been in my name. The house is in foreclosure. My husband recently died. He had been taking care of the finances. We are working on a loan modification pending completion of my taxes. When I file, can I file the unpaid estate taxes in my late husband's name as they were de facto his responsibility?
I probably cannot answer this fully. But to even begin, I would want to know. what defines the "estate"? You write about "the house" being in the estate but don't define anything else for the estate. So I can only assume that you have an "estate" was formed (perhaps after someone's death) as a legal entity with its own estate tax ID number, and that the expectation is to file IRS Form 1041 for the estate. If those assumptions are incorrect, there are different issues. I note that an estate is required to file a tax return when it generates more than $600 in annual gross income. So a house, sitting by itself, might not generate any income. If you never made $600 during a year, then you might not have any late returns because it is possible that none were required. On the other hand, if the estate had significant financial assets or generated more than $600 during a year, then I don't recommend a do-it-yourself approach, and I instead would seek the assistance of a professional tax preparer for this case.