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Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 7152
Experience:  Extensive Experience with Tax, Financial & Estate Issues
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My brother in law died in Aug 2014 after retiring in 2013.

Customer Question

My brother in law died in Aug 2014 after retiring in 2013. My sister asked for extension to file this year. She got a 6 month extension. She started to become ill with metastatic breast cancer and has been hospitalized for last month. She will probably pass away before tax deadline in Oct. Do taxes still need to be filed after she passes and who would be responsible to do the filing? Also if there is a refund or payment due, who would be responsible for that? She has a 35 year old son.
Submitted: 2 years ago.
Category: Tax
Expert:  Stephen G. replied 2 years ago.
Hello, my name is***** & I'll be helping you today. My goal is to give you a complete & accurate answer that you can understand.
Yes. Taxes would need to be filed for 2014 and possibly for 2015 from the beginning of the year to her date of death.
If she had a will, that would determine who would be responsible for settling her affairs, including her tax return filings.
If her son is her only heir, and their is no will, then whomever is in possession of her property (in this case usually her son) would be responsible for filing her tax return. If there is a probate estate (assets held in her own name) then depending upon whether or not there is a Will would determine who the court would appoint as her Personal Representative.
If anyone has her Power of Attorney, that person could manage her affairs, file her tax returns, etc., as long as she was alive. Any Power of Attorney becomes ineffective at her death.