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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
Category: Tax
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Experience:  10 years experience
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I have a form 1099- brother who passed away in 2014.

Customer Question

I have a form 1099-B for my brother who passed away in 2014. What do I need to do to get his taxes done? He had nothing else to report to IRS.
Submitted: 1 year ago.
Category: Tax
Expert:  Mark Anderson replied 1 year ago.
You should just file his last tax return. You can use turbo tax. Was there a probate?
Customer: replied 1 year ago.
I need someone to prepare the return for me. I was informed that I would need Turbo Tax Business Edition. I went to probate court before I got the form 1099-B and have the documents they gave me. I have to go back, but I have been sick. I believe this is over my head.
Customer: replied 1 year ago.
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Expert:  Mark Anderson replied 1 year ago.
How much was the 1099 B for? I don't think you need turbo tax business. You may want to get the help of a probate attorney and accountant. Depending upon the size of the probate, you may need to file his last tax return and file a return for the probate. You will also need to get authority to do it from the probate court. You usually need to do a probate to transfer real estate. I hope this answers your question. If not, then please reply. Thank you.
Customer: replied 1 year ago.
$14,698.11 from a growth and income fund. The account was a custodial account in my mother's name and his name. I found the account while searching my mother's name on the Maryland State web page looking for "found money". Probate court told me while my brother was alive that the money had to be probated as part of my mother's estate and split between the eight siblings after paying her bills. My brother had the original fund documents and eventually misplaced them. After my brother passed, I went again to probate court. I showed them a copy of the fund documents and the probate documents for my mother's estate. They still considered the money part of my mother's estate. They did not probate any money in his estate. He passed while living in a Nursing facility paid for with his minimal Social Security/SSI check. I don't believe any taxes were filed for him. Probate Court said that I should come back if he got any money. I had not claimed the money because I believed I needed the original fund forms. After my brother passed, I went to Baltimore with copies of the fund documents, death certificates of my mother and brother, and probate court documents naming me as administrator of both estates. I inquired about what I needed to do to get the funds. They made copies of everything including the documents stating that the money was part of my mother's estate. A few weeks later, they sent a check to my brother's estate, ignoring the probate documents for my mother's estate. I have been confused ever since. I have not deposited the check in an estate account, but must do so soon. Should I go back to Probate and let them figure this out? Should I seek assistance from a lawyer or local Estate Advisor before going back to Probate?
Expert:  Mark Anderson replied 1 year ago.
I would probably get a referral from the state bar to a probate lawyer or pro bono lawyer to help you with the issue.

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