General Question

silky1's avatar

If a parent dies can the child file the last years income taxes?

Asked by silky1 (1498 points ) February 7th, 2012

Or is this illegal?

Observing members: 0 Composing members: 0

11 Answers

Tropical_Willie's avatar

Totally legal and required. How old is the child? Has executor been appointed?

auhsojsa's avatar

Like a repeated number? Or the year of death?

marinelife's avatar

Where is the other parent? They should be filing them. If anything comes back it goes into the estate of the deceased parent.

chyna's avatar

Taxes have to be filed in the year the parent was alive. I am filing taxes for my mother who passed away last year. I am the executrix of the estate.

wundayatta's avatar

The executor files the tax return for the estate, I believe. Unless the child is the executor, I don’t think they are responsible.

Zaku's avatar

Ya, I think @wundayatta is correct – the executor would file taxes if needed. The executor may or may not be a child (or other relative of the deceased). If the child is not an adult, then I don’t think the child would be the executor. Local laws may vary.

DrBill's avatar

The executor needs to file a fiduciary return for the estate. Form 1041. DO NOT FILE FORM 1040

CaptainHarley's avatar

If the child is named as Executor in the deceased’s will, then he or she can tie up any financial loose ends, including filing taxes. Just to be on the safe side, I would complete a contingent power of attorney so that there will be no question about any others filing, including the surviving spouse, if there is one.

john65pennington's avatar

Where is the other parent?

filmfann's avatar

When my Mom died, I had to file her last years income tax forms.
Death and taxes are listed in the correct order.

MollyMcGuire's avatar

That is to be done by the Executor (if there is a will) or the Administrator (if there is no will). Call the probate court to get the correct answer in your state if an estate has not been opened. If an estate has been opened, then the job already belongs to someone.

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