Legal Question in Tax Law in Pennsylvania
Taxes liability related to spouses pre-death disposition of assets
My mother's second husband passed away last month. They had not lived together for 13 years, but we're still legally married and payed taxes as a married couple. My mother did not have access to her husband's financial information and has no interest in his estate. His son is executor and is handling the diposition - including the sale of a home. However, she believes he had substantial monetary assets which he distributed to his children in 2004/2005 prior to his death - possible invoking gifting or other tax implications. She has two concerns: (1) when they filed their year 2004 taxes (March '05), her husband would not provide any bank statements - as he normally did - to the preparer to report interest income, stating he no longer had any accounts - which makes her think that reportable income is being hidden by someone, and (2) will she have any tax liability for year 2005 for the sale of the home and disposition of other assets? Thank you.
1 Answer from Attorneys
Re: Taxes liability related to spouses pre-death disposition of assets
these questions cannot be answered without a complete review of the financial affairs of your mother and her late husband.
if she filed a joint tax return, she is liable for any taxes (unless she can claim to be an innocent spouse under irs rules).
other issues depend, in part, on whether or not any of the property that is being treated as part of her husband's estate is actually community property or was in joint ownership with your mother.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
