Legal Question in Tax Law in Illinois

Deceased Mother's Taxes

My mother passed away on Halloween. My sister and I are the co-executors. My stepdad is planning on doing his taxes jointly with our mother as he always did eventhough she is now passed.

My question is two fold. Shouldn't he being doing his taxes separately and we as executors of her estate file her taxes. This is separate from the estate taxes that we as co-executors should file for the last two months of last year.

Please advise.


Asked on 4/15/09, 3:44 pm

1 Answer from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: Deceased Mother's Taxes

For the year of death, the surviving spouse can elect to report and file as married filing jointly. Any income accruing post-death would be reported separately by the estate or beneficiaries.

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Answered on 4/15/09, 3:48 pm


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