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Published April 06, 2006 by:Charles DavidsonView Profile | Follow | Add to FavoritesMore:Electronic FilingTax ReturnTax AttorneyTax LiabilityCompoundingIt’s easy to feel overwhelmed after the death of a loved one. Making the situation worse is the routine, day-to-day obligations that continue even when you feel like the world should stop and take notice of your loss. The inevitable truth is that life, or rather the business of life, goes on.
One of the obligations you’ll need to face is filing your tax return and your loss may have a profound impact on your tax situation this year.
Compounding the difficulty is the feeling that a final tax return is a monumental act of closure that you may not be ready to face. In fact, it’s not uncommon for loved ones to delay completing tax returns for months or even years after the tax return deadline.
There are three situations that may arise:
• Filing as the executor of an estate or representative of a family member
• Filing as the surviving spouse
• Filing as a parent or couple who have lost a child or dependent
Filing as a Representative
You may be called upon to file a tax return for a deceased family member if you serve as the executor of the estate or the family member’s personal representative. Typically this person may be related to you as a brother or sister, uncle or aunt, an adult child, or even a close friend. Any time you serve as an executor, you will need to determine whether you will need to file the decedent’s final tax return.
Generally, all the rules that would apply to the decedent if he or she were still alive will apply for the final tax return. The only difference is the tax year ends as of the date of death.
The first step in filing a return is to determine the tax year(s) that need to be prepared. One thing to consider is when the person actually died. If the person died after the close of the tax year but before the return was filed, you will need to prepare two tax returns.
For example, Bob died on February 16, 2006. He has not yet filed his tax return for 2005. As executor, you will need to file a tax return for 2005, but the final tax return will be for 2006. You would need to consider any income and deductions Bob incurred during January and February 2006.
Page:1234Next Page »PrintFlagClosejQuery('#flag_link').bind('click.ajaxload', function(){jQuery('#flag_response').load('/action_flag.shtml?flag_login=1&view_flag_menu=1&redir=%2Farticle%2F24889%2Ffiling_a_tax_return_when_someone_you.html');});Published by Charles DavidsonCharles Davidson is the owner of Accelerated Education Systems, a company that specializes in education and resources for tax business owners. He lives in Redding, California with his beautiful wife and thr... View profileHow to File an Income Tax Return Extension FormTaxpayers can use IRS Form 4868 to request an extension of time to prepare their tax return. The form is easy to complete and give staxpayers six more months to complete their return, but there are specifics you shou...United States Tax ReturnWhat every American should do prior to filing their annual return. Have the confidence in your numbers to be able to stake your life on them. Always remember that you are the one liable for this form, no one else.What to Do When You Need to Make a Change on Your Federal Income Tax ReturnWhen you have filed your federal income tax return and later find that you need to make a change on it, you can file Form 1040X to amend the return and request a refund for the tax you overpaid, or pay the additional...Filing Tax Returns Online - a Comprehensive Guide to ServicesThe IRS provides information regarding Income Tax Returns, but this article will list the benefits and features of various online filing sites. Information will include pricing, availability of assistance, and estimat...How to Prepare for an Audit of Your Income Tax ReturnIf you are basically an honest person, being notified that your income tax return is being audited shouldn't conjure up visions of spending the next 20 years in prison.
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Marion Porter
(Guest)
09/10/2010Hello, I have some questions, my mother passed away in June of 2008, then my father passed in Nov of 2008, our lawyer dropped the ball and did not file their taxes as he said he would, we got a letter from the irs saying we failed to file. We then called the lawyer who still had the w2's and had them send them back to us, our estate is already closed, there is a tax return owed, can we have this put into my sisters account or do we still need to have it deposited into the estate account. My sister was the executor. Does she need to send something showing she was the executor. I guess I should add We live in PaRenee
(Guest)
03/27/2010My father passed away on August 18, 2009. I am waiting to hear from Probate Court re: Representative for the estate. Do I have to file a return by 4/15/2010 for the estate even thought we are still waiting to hear from probate? I will file my Dad's individual 2009 tax return.Christie
(Guest)
02/10/2010My grandmother passed away in 2009. She had nothing, and we have taken care of her financially and claimed her as a dependent for years. In 2009, she got a one time payment of $4000.00 from an old mine royalty, so now she owes taxes. I am filing her final return, am I obligated to pay her final payment? Even though she had no funds left to pay it out of? Thanks for any help.Regina
(Guest)
01/27/2010My sister passed away last year 5/15/09. I have her 2009 W-2. I'm very confused! I want to do the right thing and file her taxes! Please let me know what forms/info I need to get this going...ThanksPeg
(Guest)
01/17/2010We lost our 16-year old son on January 5, 2009. When we filed last year, we were told any taxes our son paid in 2008 could not be filed against. We accepted that. Our quandry now is, do we claim him as a dependent on our 2009 taxes? I apologize for my ignorance. This is all just too confusing. Thank you in advance for your assistance.Kitty
(Guest)
01/04/2010Hi, if, other than the surviving spouse, there's a co-executor appointed, shall the joint tax return be signed by the co-executor as well?Charles Davidson
12/30/2009Lisa -There's a good change that you may be right. The probate laws in every state are a little different. If there were not a lot of assets, he may not need to go into probate at all. If this is the case, you may be able to file his final tax return and write "deceased" across the top. Any refund, then would go to his heirs, presumably his son. The only hitch I can see is that you need to make sure you are the person legally responsible for preparing the return, and that you have the authority to sign for him. It wouldn't be a bad idea to call a probate attorney in your state and get an idea of the process and see who has the legal authority to act on his behalf in finalizing the estate. The IRS won't make out a check to you or to his son unless you provide some paperwork showing them you are the administrator. The IRS will make the check payable to your son and then you won't have any way to cash it. Chances are, it will be a simple matter to handle. Check with an attorLisa Moorman
(Guest)
12/30/2009Thank you for your resonse. There was no will and he did no receive any monies after November. The only expenses were his funeral expenses. He did not own any property, funds, etc. I just assumed that any funds would need to be forwarded to his son.Charles Davidson
12/30/2009Lisa -I am sorry for your loss. It's hard, especially around the holidays. My wife and I lost a son about five years ago and it's still very hard for us at Christmas.The laws surrounding probate are very complicated and unfortunately, I am not an expert in probate law. If your son died without a will, there may be some ramification as to how the tax return is filed. In general, a tax return should be filed for your son for all income earned up through November. If your son has any income or expenses after his death, the estate will need to file a final return. This is where you would need to speak to an attorney about probate law. For example, if your son had royalties or payments that were made to him after his death, those belong to the estate.As far as sending any refund to your grandson, you need to be careful. The estate could specify someone other than his son as the heir. He may have signed a will naming you or a spouse or former spouse. If there is no willLisa Moorman
(Guest)
12/30/2009My 20 year old son passed away on December 1, 2009. He lived with us. He has a 3 yr old son whom did not live with my son. My son has always filed a return. Do I need to file and send the refund to my grandson?Comments 1 - 10 (of 14)12Next >> Business to BusinessCareers & Job Searching LegalOther Categories »advanced »Log in | Sign up/Publish | Community | HelpHome|About Us|Help|Advertising Solutions|Partner Solutions|The Blog|RSS/Widgets|Privacy Policy|Terms of Use|Site Map|Copyright Infringement|Disclaimer© 2010 Associated Content, Inc. Yahoo! Finance and Yahoo! News NetworkExpandShareTweetShare on FacebookPost a comment1480Helpful?Most CommentedForget your password?Log inSign up/Publishvar pageTracker=_gat._getTracker("UA-31488-1");pageTracker._setDomainName("associatedcontent.com");pageTracker._setAllowLinker(true);pageTracker._addIgnoredRef("https://publish.associatedcontent.com");pageTracker._addIgnoredRef("https://partner.associatedcontent.com");pageTracker._addIgnoredRef("http://forum.associatedcontent.com");pageTracker._initData();pageTracker._trackPageview();
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