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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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Hi, my mother is about to pass away. I am the executor of

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Hi, my mother is about to pass away. I am the executor of her will. In terms of her estate, what income taxes do I have to file legally. Does her second husband keep her on his tax filing as a married couple up until the day of her death and then the estate assumes income taxes after that point? Thanks
Welcome! Thank you for your question.

Generally her second husband would file a married filing jointly income tax return for the full year of her death. Here estate would have to file income tax returns for the year following her death. It is beneficial to her husband to file a joint return because he gets the benefit of the higher exemptions.

With that said, technically if he does not want to file a joint return, you would be responsible to file an estate income tax return for the income that she earns from the date of her death forward to the date that he estate is closed.

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