Tax issues after death: How do I file for a loved one?

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On behalf of Pridgeon & Zoss, PLLC | Jun 17, 2019 | IRS

Navigating the responsibilities that come with closing an estate is not an easy process. In addition to dealing with heirs and creditors the individual in charge of the estate must also deal with the Internal Revenue Service (IRS).

When do I need to file a tax return?

The easier question is often when do I not need to file with the IRS. In most cases, a transfer directly to a spouse does not require a tax filing.

What if I do need to file?

If the IRS requires a tax return for the estate, the individual in charge of the estate, generally referred to as the executor, will likely need to file a Form 1041 the U.S. Income Tax Return for Estates and Trusts. This form is generally due on April 15, like most tax forms. Extensions are available.

Is that all?

Unfortunately, not. Extenuating circumstances can lead to additional requirements. For example, if the estate is valued at more than $11.4 million or significant gifts were given prior to the owner’s passing, the IRS may also require a Form 706 the United States Estate and Generation-Skipping Transfer Tax Return. A significant gift in 2019 is one that is over $15,000 to a single recipient.

A failure to file properly can result in a federal tax audit. Those who receive notice of an audit are wise to act to protect their interests . An attorney experienced in federal tax audit representation can review the notification and provide guidance throughout the process.

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* Our attorneys will briefly discuss your situation with you to determine if your issues fall within the scope of the services we offer. If we determine that our expertise and experience match up with your legal needs, then the we will formally create an attorney-client relationship through an engagement letter signed by Mr. Pridgeon or Mr. Zoss and you as the client. An initial consultation discount is included on our initial invoice to all new clients. We do not offer free consultations to non-clients.

Pridgeon & Zoss, PLLC , provides legal counsel for clients in Hennepin County, Ramsey County, Dakota County and Washington County, Minnesota, including Twin Cities area communities such as Minneapolis, St. Paul, Bloomington, Brooklyn Park, Burnsville, Eagan, Edina, Minnetonka, Richfield, St. Louis Park, Wayzata, White Bear Lake, Eden Prairie, Woodbury, Golden Valley, Maplewood, Roseville, Mendota Heights and Plymouth. The firm also serves clients in St. Croix County, Wisconsin, including communities such as Hudson and Menomonie.

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