Taxes for Deceased

[jmbnp]

What is the name of your state (only U.S. law)? Minnesota

My mother passed away in August at the age of 60. She was employed full time up until her death. She was divorced and my sister and I are her only children. She did not have a will and therefore there was no executor. We did not need to go through probate because her estate was insolvent. My question is whether we need to file taxes on her behalf. What would happen if we didn't? If we do and she is due a refund who gets it?

 

[Some Random Guy]

This is called the final tax return by the irs

Tax Topics - Topic 356 Decedents

from the link: "If no personal representative has been appointed and there is no surviving spouse, the person in charge of the decedent's property must file and sign the return as "personal representative." "

 

[LdiJ]

What is the name of your state (only U.S. law)? Minnesota

My mother passed away in August at the age of 60. She was employed full time up until her death. She was divorced and my sister and I are her only children. She did not have a will and therefore there was no executor. We did not need to go through probate because her estate was insolvent. My question is whether we need to file taxes on her behalf. What would happen if we didn't? If we do and she is due a refund who gets it?

You can choose to do the return for her or not, since you are not legally obligated to do so. However, if you do the return for her then you must use the money to cover any outstanding bills that she has.