No Will, No Probate, Taxes Due

[Peidie]

What is the name of your state? Washington and Arizona

My uncle passed away in Jan. with no will. He left behind a girlfriend of 14 years and a grown son and daughter from a previous marriage. His son is considered next of kin. He designated his life insurance policies to the gf. He also co-owned houses, vehicles, and bank accounts with her which were joint with rights of survivorship. All his kids got were a couple of small annuities. An attorney advised his son not to apply for executor of the estate because it would cost more than what was left. He knows very little about his fathers financial affairs. There has been no personal representative or executor named of any kind. Who is responsible for filing both his 2005 tax return and his final 2006 return? I've been told that because he co-owned property with the gf and therefore probably also filed tax returns with her, that she may be responsible. Washington and Arizona both do not recognize common law marriages. I appreciate any insight. Thanks.

 

[Dandy Don]

It is the responsibility of the executor to file the tax returns. However, the tax agencies normally do not check too closely about this, and IF she has been filing joint returns with him in the past she has probably already take care of this.

If you are still on speaking terms with the girlfriend, someone needs to ask her if those returns have been filed, which if there is a refund coming, she probably has done already.

If she says that they are not done and if she won't respond, then your son can hire an attorney (or file himself) to become PR just to open up the estate for the tax refund (do you even know how to get his dad's W2's?), but it doesn't sound as if he would be able to get all of the necessary information to even file an adequate return. If you are still uncertain, you can call up the IRS and the state tax agencies at any time to check on the status of tax return filing if you know the decedent's SSN.

Just to be sure, someone needs to actually check at the courthouse to see if any type of estate has been opened up for his dad (probably not if there are no assets to be probated), but if I were him I would look at the county land records to see exactly what names are on the title/deeds to the properties he owned. If girlfriends' name is not on the real estate, and if just dad's name appears, then that property will need to be probated and the son will be eligible for a share of that and may be able to force a sale if that is what he wants to do.

DANDY DON IN OKLAHOMA ([email protected])

 

[Peidie]

Thanks for your help. I will look into your suggestions.