Legal Question in Wills and Trusts in Ohio

Death of Employee

I recently received an answer to my question concerning the payment of wages to a deceased employee. I was told statute 2113.04 says all wages may be paid to the surviving spouse. Does the surviving spouse now become like an employee in that taxes must be deducted and a separate W-2 form issued? Or can this payment be made without it be considered wages and subject to tax?


Asked on 4/10/08, 11:33 pm

1 Answer from Attorneys
Philip Schmidt Brady, Coyle & Schmidt, Ltd.

Re: Death of Employee

I recommend issuing the paycheck with all the same deductions, etc. as you would to the deceased employee, but made out to the surviving spouse so she can cash the check, and report deductions as though the check were made out to the deceased employee. You may want to check with your CPA to make certain.

Read more
Answered on 4/11/08, 9:02 am


Related Questions & Answers

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