Legal Question in Family Law in New York
Federal Incom Tax Refund Due a Deceased Taxpaper
1.Father died in May 2004. Mother was in poor physical health with senile dementia. .
2. Two siblings were named co-Executors (i.e., personal representatives) of Father's estate but had no Power of Attorney over their Mother.
2. Sibling#1 declined any financial responsibility for mother. Sibling #2 assumed full financial responsibility for mother's welfare and spent approximately 100K on Mother's care.
3. Mother died November 15, 2004.
4. During 2004, Sibling#2 had paid parents' Estimated Federal Income Tax for a total of 6K. In March 2005, Sibling#2 also filed U.S. Individual Income Tax Return 2004 and ''Statement of Person Claiming Refund Due to a Deceased Taxpayer.
5. Sibling#2 received check for Federal Income Tax Refund of 6338 . This amount was approximately equal to (but less) than the amount Sibling#2 paid for her parents' 2004 Second and Third Quarter Estimated Federal Income Tax plus payment to the tax preparer. Sibling#2 deposited the check in Sibling#2's personal checking account.
6 By depositing the tax refund in Sibling #2's personal checking account, did Sibling#2 violate the laws of New York State where the decedent was a legal resident?
1 Answer from Attorneys
Re: Federal Incom Tax Refund Due a Deceased Taxpaper
My condolences on your loss. Technically, yes, the law was 'bent' sufficiently to establish a violation.
But no law-enforcement person would bring any charges on these facts.
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