Who pays recently deceased parent's 2010 taxes?

[kfowler57]

What is the name of your state (only U.S. law)? Kansas
My husband's father recently passed away. We are going to hire a lawyer for probate and are getting retainer $$ together but in the meantime, as I sort out paperwork, this my question for today. It appears that my husband, (the sole survivor of the family) will get the old family home and a car, the only two things the deceased father's girlfriend didn't get her name on She's the beneficiary on probably everything else. (we get that she gets it). I have seen, in past income tax filings, that he pays every year on his investments. Girlfriend says his 2010 taxes are not filed yet. Who is responsible for that, the beneficiary, or his son> And if it's the son, how does he get the information if girlfriend doesn't give them up?

 

[Zigner]

What is the name of your state (only U.S. law)? Kansas
My husband's father recently passed away. We are going to hire a lawyer for probate and are getting retainer $$ together but in the meantime, as I sort out paperwork, this my question for today. It appears that my husband, (the sole survivor of the family) will get the old family home and a car, the only two things the deceased father's girlfriend didn't get her name on She's the beneficiary on probably everything else. (we get that she gets it). I have seen, in past income tax filings, that he pays every year on his investments. Girlfriend says his 2010 taxes are not filed yet. Who is responsible for that, the beneficiary, or his son> And if it's the son, how does he get the information if girlfriend doesn't give them up?

The estate is responsible.

 

[George1776]

I would call the IRS and explain the situation that nobody can get all the information needed to file the deceased person's taxes. Maybe the IRS can offer some advice .. or a tax professional.

http://www.irs.gov/taxtopics/tc356.html

IRS website that notes that the executor is responsible for filing the taxes...has other links... good luck.

 

[davew128]

I would call the IRS and explain the situation that nobody can get all the information needed to file the deceased person's taxes. Maybe the IRS can offer some advice .. or a tax professional.

Profound. Almost as useful as the correct answer already given.

 

[LdiJ]

What is the name of your state (only U.S. law)? Kansas
My husband's father recently passed away. We are going to hire a lawyer for probate and are getting retainer $$ together but in the meantime, as I sort out paperwork, this my question for today. It appears that my husband, (the sole survivor of the family) will get the old family home and a car, the only two things the deceased father's girlfriend didn't get her name on She's the beneficiary on probably everything else. (we get that she gets it). I have seen, in past income tax filings, that he pays every year on his investments. Girlfriend says his 2010 taxes are not filed yet. Who is responsible for that, the beneficiary, or his son> And if it's the son, how does he get the information if girlfriend doesn't give them up?

You got the correct answer that his estate (and the executor of the estate) is responsible to file his final tax return and make sure that his taxes are paid out of the proceeds of the estate.

Unfortunately, that may mean that your husband will ultimately be responsible for paying his taxes. Any asset where his girlfriend is the beneficiary will pass outside of the estate, and therefore won't be part of his estate to be tapped for taxes. If she is the beneficiary of all the liquid assets, that will likely mean that the taxes will have to come out of what your husband inherits.

In about June or so the IRS will be able to provide an income transcript for 2010, if its not possible to get the necessary information to do the taxes from the girlfriend.

 

[terminatedone]

if you are the executor of the estate, then you are responsible. if you have an attorney, they will advise you of this. You do have a time frame involved in getting this done also.

please read what the IRS has indicated:

Treasury Dept. and IRS Extend the Deadline for Filing Form 8939 Beyond the Previously Set April 18; Guidance to Follow with a New Deadline