Do I owe taxes after the death of my mother? - Tax Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


Do I owe taxes after the death of my mother?

My mother passed away last August. I am her daughter. I was told that I had to file taxes for her for last year. Is this true? And if so, if she owes taxes, am I responsible for paying those taxes? She did not have a will nor much money.

Answer By David Hoines
David Hoines Law
Contact this Attorney Now

must file income tax returnyou are not liable, but any assets of your mom's estate must be used to pay taxes before heirs receive any bequest.

Answer Applies to: Florida
Replied: 2/9/2011

Steven J. Fromm
Contact this Attorney Now

You would have to file an income tax return for your mom for the period of January 1, 2010 until the date of death sometime in August. You have not provided any information to determine whether she owes income taxes, so you need to prepare the return to know for sure if taxes are due. As for other taxes, you do not mention your mom's state of residence, but many states have an inheritance tax. So you need to check this out. As for the federal estate taxes, there is no federal estate tax for 2010, so her estate would owe no federal estate taxes. Finally, you are not personally liable for her income taxes, but her estate would be responsible for her taxes. So any taxes would need to be paid from her estate assets.

Answer Applies to: Pennsylvania
Replied: 2/9/2011

Answer By Luke T. Pepper
LT Pepper Law
Contact this Attorney Now

If there was a residual estate after her passing you would need to file taxes for the estate but if there is no will and no real estate you will not be personally liable for not filing or paying taxes potentially due.

Answer Applies to: Pennsylvania
Replied: 2/9/2011

Law Office of Harry Gordon Oliver II
Contact this Attorney Now

You will have to file her final form 1040 to report her income for 2010 to her date of death. A fiduciary tax return will have to be fild and maybe an estate tax return. Call me.

Answer Applies to: California
Replied: 2/9/2011

Answer By Kent W. Meyer
Meyer & Yee, LLP
Contact this Attorney Now

You have to file a final income tax return for the estate if you are the executrix. She probably owed little or no income tax. It is almost certain she owed no estate tax.

Answer Applies to: California
Replied: 2/8/2011

© 2018 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy