Legal Question in Wills and Trusts in Florida

Do I have to File Taxes for a dead person?

My uncle died the end of last year. He had no immediate family and I was listed as personal rep for his will etc... There were no probatable assets. He was retired and in a nursing home. He only had IRA accounts and Investment accounts that had benificiaries or were Transfer on death accounts. I was never legaly appointed personal representative because there was nothing to do. Now that it is tax time do I have to file taxes for my uncle? The only income he would have had was social security and from investment accounts and his IRA's. If he would owe, would I be responsible for the payment. Do I even have to go to the expense of having the taxes prepared?


Asked on 3/28/02, 11:00 am

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: Do I have to File Taxes for a dead person?

Whether a federal tax return must be filed for your uncle depends on his gross income for 2001. You are not legally responsible for filing of his tax return. If you do, you are entitled to compensation from his estate. If your uncle received only social security and investment income, i.e., interest and dividends and capital gains, he does not have to file a return unless his income from investments exceeds about $7,200 - 8300, depending on his age, filing status, presumed to be single, etc. You could check his 1099's received which indicate the taxable interest, dividends, and capital distributions. If you are unsure, you could take the 1099's and other documents to a tax preparer, or call the IRS. If other persons received any property from him, those persons should bear any expense for filing of a last return, but it appears that a return is not necessary.

Read more
Answered on 3/28/02, 1:23 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida