Both parents deceased

Forum|Forum|2 years ago
March 5, 2024
3 replies
18 views

Are taxes filed for the mother and if so, who is responsible?

The father passed 2022- had his own will with an executor and probate.

The mother passed 2023, would most likely owe taxes for 2022 bc of inheriting a small tax deferred annuity from her husband's passing. No will and no assets at time of passing.

Can the children be held responsible for filing/owing the mother's taxes?

Thank you for any insight on this.

Not A Product Question

M-MTax

Level 15

Can the children be held responsible for filing/owing the mother's taxes?

They can if they're in possession of the mother's property after she died.

TomK2023

Level 15

Debts are not directly passed on to heirs, but if there is any money in your Mother's estate, any bills (including tax bills), must be settled before any money is disbursed to beneficiaries from the estate.

You'll file a normal federal and state tax return for the deceased person based on their income and deductions until the date of their death (also called a decedent return).

Any income earned after this date is reported on a trust return Form 1041, US Income Tax Return for Estates and Trusts. You’ll need an Employer Identification Number from the IRS, which you can get here.

You may also need Form 56, which is used when either setting up or terminating a fiduciary relationship. It authorizes you to act as if you’re the taxpayer, allowing you to file income tax returns and pay taxes due with the returns.

This form isn't prepared with the decedent’s income tax return. It’ll need to be completed and mailed to the IRS office where the decedent’s tax return is filed.

Lastly, if the tax return for the decedent has a refund, you’ll need to complete Form 1310 - Statement of Person Claiming a Refund Due a Deceased Taxpayer. It can be completed in TurboTax.

I'm very sorry for your loss.

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