fed taxes question - dead person

[id10t]

Got my taxes done Saturday (yay turbotax!) .... but my brother wants help getting both his done as well as whatever final tax filing he has to do for his mother who died early last year (February).

He's also dirt broke and computer illiterate.... I can get a laptop and connection to his house and sit with him and do the computer work...

Brother is dirt broke and finally started getting some state retirement income in July last year, so I imagine that I can get his done via TurboTax in an hour or so...

But what I'm wondering is what info will he be needing for his mom's taxes? Mind you, his mother was dirt broke as well (SS and her state retirement pension) so I'm not even sure if she's qualified to file for taxes in the last few years....

If $100 and a ride to a local H&R Block office, etc. will get it done I may just jump on that ...

Any info or insight is appreciated.

[rockfan4]

Florida, right?
Does she have any assets? If minimal, it should be easy, but more than just filing taxes.

https://www.legalzoom.com/articles/how-to-file-a-small-estate-affidavit-in-florida

If it's like Wisconsin, which is the only state I ever hope to have to go through this, you get permission from the court to settle the estate, then get a tax id for the estate, then file taxes under that tax number.

I am not a lawyer. Do not trust any of my advice. I did settle my mother's estate without hiring a lawyer, and my brother completely ignored everything.

[svandamme]

sounds crude, but if the deceased was dirt broke, what taxes would there be owed,
is there anything in the estate that passed on to your brother that would be a tax liability for him?

if not.. How about letting the IRS figure it out on their own? Let them chase the pennies, it's not like they can hold anybody accountable for the taxes of a dead person.. Can't pluck a featherless chicken.

[matthewb0051]

Originally Posted by rockfan4

If it's like Wisconsin, which is the only state I ever hope to have to go through this, you get permission from the court to settle the estate, then get a tax id for the estate, then file taxes under that tax number.

I did my father's and this sounds correct. Typically, the court will not allow you to close the estate until taxes are paid. Just remember you need to get all the W2s and other things before filing so unless she died in 2021, you most likely will wait until Jan 2023 unless you can obtain those documents prior.

Edit: just saw that she died in 2021. So the last portion of first paragraph is irrelevant

One thing I clearly remember is that the IRS has specific things to do for taxes of a deceased person. One of which, even though it seems insignificant, is to write: "Deceased" on top of 1040. IIRC they even have a special section that handles filings for deceased persons.

The problem I found is that the IRS does not speak within its own organization. So if there are any outstanding tax issues, the deceased section will not help and you will get notice from another section. So you feel like you've done everything and get notice that you have not.

I'd spend the $100 and go to Block or whatever is least painful.

Caveat: not legal advice and not my state of license nor area of specialization. (sorry) Just from personal experience

[greglepore]

It sounds like there's no estate. No assets...But I'd file anyway. Won't be any tax due, but you'll notify the IRS via the 1040 of the death. Can likely do a 1040 short form for free on turbotax. They'll likely charge you for the state.