Legal Question in Wills and Trusts in Massachusetts
who pays the tax return if a spouce is decesed
A joint tax return is filed, and some of the assets are in one spouces name only and other assets are in the other spouces name only. One spouce dies, who pays the taxes on the tax return?
1 Answer from Attorneys
Re: who pays the tax return if a spouce is decesed
The living spouse would pay the tax with the return. That portion of the tax allocable to the deceased spouse would be a claim against the deceased spouses estate for reimbursement. Otherwise you would have to file as married but separate which would be more expensive to both.
Your attorney handling the estate should be able to deal with this. I would assume absent a pre-nup or antecedent nup, the spouse would receive some part of the deceased's estate.
If you have additional questions please do not hestitate to contact me.
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