Legal Question in Wills and Trusts in New Jersey

As an executor of an estate, how do you file taxes? Under the decedent's name and ssn? or as an estate with an ein?


Asked on 4/16/11, 5:58 pm

3 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Have you probated the will to open the estate? There are other tasks you must complete to administer the estate. The estate should have its own new taxpayer number, since the decedent's social security number belonged only to the decedent, not her/his estate. Decedent's last income tax return and taxes [for the year in which decedent died], as well as inheritance / state estate taxes and federal estate taxes, if applicable, must all be paid.

If you have questions about the estate administration, you should engage the services of an estates lawyer to advise and assist you.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 4/16/11, 6:45 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

It depends if the income was earned pre-death or post death. Pre-death income goes on the final 1040, and post-death income goes on the estate 1041.

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Answered on 4/18/11, 5:01 am
Robert Davies The Davies Law Firm, P.A.

As you can see from the other lawyers' answers, this is complicated stuff.

You will be better off with a lawyer's help. Give me a call, and we can talk it over. No charge for the call.

Robert Davies, Attorney, 201 820 3460

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Answered on 4/18/11, 6:55 am


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