Legal Question in Wills and Trusts in Ohio

My dad was killed in a car accident in September, my mom passed away from cancer in November. My brother and I are the co-executors. We have been through Probate, opened Estate accounts, received their life insurance and paid for the funerals. Have a few questions,

(1) do we file their income taxes for the past year?

(2) how long do we need to leave open the estate accounts?

(a) the only bill that they might have outstanding would be a hospital bill (which I'm going to call and check on)

They had a few credit cards, but they have already been paid off and closed. Just want to make sure that we don't forget anything. And leave everything open as long as necessary.

Thank you for your time.


Asked on 2/09/11, 6:38 am

1 Answer from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Yes you need to file their personal income tax returns for 2010.

The estate needs to stay open for at least six months after their date of death to handle any claims that will be presented. After that six month period if you receive a bill or request for payment that you did not previouslyreceive you are not liable to pay it.

You may also need to pay Ohio Estate tax based on the size of the estate. This is due 9 months after the date of death.

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Answered on 2/09/11, 6:54 am


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