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Estate/LLC filing after selling a deceased parents home

My mother passed away in 2024. I was the personal representative for her estate and also created an LLC in order to sell her home. Her home was sold in 2025. The home is the only thing in her estate. The proceeds from her home were split between my brother and I. 
Do I need to create an account for the Estate/LLC and file the 1041(creating a Schedule K-1 for my brother and I)? I did receive a 1099 S when the home was sold. Are there other forms I need or other things I need to do/file?

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12 Replies
M-MTax
Level 15

Estate/LLC filing after selling a deceased parents home

Did you get an EIN for the estate? If so, file a 1041 if that number is on the 1099-S.

 

What is the tax ID number on the 1099-S?

 

Sorry for your loss.

DavidD66
Employee Tax Expert

Estate/LLC filing after selling a deceased parents home

Whoever received the 1099-S needs to report the sale of the home.  If it was the LLC, and it is a multi-member LLC (you and your brother), then you need to file a Form 1065 partnership return.  If it is a single member LLC, then that single member needs to report it on their personal tax return.  If you have an estate tax ID and the estate received the Form 1099-S, then you need to file a Form 1041 Estate Tax Return.

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Estate/LLC filing after selling a deceased parents home

There was an EIN created for her estate, so the estate received the 1099-S. When completing the 1041 for the estate, will that prompt the Schedule K-1’s?

Estate/LLC filing after selling a deceased parents home

Yes, there was an EIN created for her estate. That is what the 1099-S form went to. 
Do you know if this something that can only be filed on a desktop version?

RobertB4444
Employee Tax Expert

Estate/LLC filing after selling a deceased parents home

Yes.  All the information about her heirs needs to be entered into the return.  Then the 1041 return will generate K1s that will push any income from the sale of the house on to the heirs personal returns.

 

You can file this with either the desktop or online versions.

 

 

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Estate/LLC filing after selling a deceased parents home

Thank you for all of your help!

I did try to do it through an online version (business), but it told me I needed to download a desktop version because of it being an estate.

RobertB4444
Employee Tax Expert

Estate/LLC filing after selling a deceased parents home

Then you are using a form that the online version doesn't handle so the desktop version will take care of you.

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Estate/LLC filing after selling a deceased parents home

This is a confusing situation. Who had title to the house? Who were the members of the LLC?

M-MTax
Level 15

Estate/LLC filing after selling a deceased parents home


@Mike9241 wrote:

This is a confusing situation. Who had title to the house? Who were the members of the LLC?


@Cryn0705 can correct my assumption if it's wrong but it doesn't appear as if the LLC ever had title to the house since the 1099-S contained the name and EIN of the estate. 

 

If that's the case, then @Cryn0705 needs to file a 1041 and would need the desktop version of TurboTax Business to do so as the online versions only support partnerships and corporations.

Estate/LLC filing after selling a deceased parents home

@Cryn0705   If you need to create and prepare an Estate/Trust 1041 tax return you need to use the Desktop Business program.  It is a separate program form the personal Home & Business program.  H&B is only for personal 1040 returns that need schedule C for self employment incom.

 

TT Business is not available to do online or on a Mac. You can buy the Windows Desktop program here,
https://turbotax.intuit.com/small-business-taxes/cd-download

You can have both a personal program and the Business program installed on the same computer at the same time.

 

You will get a  K-1 from the Estate/ Business return to enter into your personal return. So you will need to do the return first.

 

Estate/LLC filing after selling a deceased parents home

I think I have been confusing the situation. There was an EIN created for the estate in order for the home to be sold. I was the personal representative for the estate. I was the only one listed as the personal representative, my brother was not. He did receive half of the sale proceeds. 
I think I am incorrectly saying LLC. I think the EIN was confusing me. I am over complicating things it seems.

 

M-MTax
Level 15

Estate/LLC filing after selling a deceased parents home


@Cryn0705 wrote:

I think I am incorrectly saying LLC. I think the EIN was confusing me. I am over complicating things it seems.


I believe you're correct in that regard and you most likely only need to file a 1041 and report the sale of the home.

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