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Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 7194
Experience:  Extensive Experience with Tax, Financial & Estate Issues
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When my husband entered an Alzheimer's care center, s

Customer Question

When my husband entered an Alzheimer's care center, his daughter became the Trustee of his Revocable Trust and has possession of all our assets except his pension. She has sent the 1099 to me to pay the taxes on the $25,600 interest on his municipal bonds. Shouldn't she have to pay any taxes on the assets she controls in the Trust? None of the interest was given to us -- it all stayed in the Trust and she forced us to pay the last 6 months of care from his pension, my pension and what small savings we had outside the Trust.
Submitted: 1 year ago.
Category: Tax
Expert:  Stephen G. replied 1 year ago.

There's a simple solution to your situation. If your "step-daughter" (I presume she is your step-daughter) wants to play that game; two can play it. You can simply inform your step-daughter that you can't afford to continue to file a joint income tax return with your husband. If she doesn't want to take the taxes and any nursing home care out of the assets in his Revocable Living Trust, then you will (out of necessity) be required to file a Married Filing Separately tax return. Further, whomever has your husband's "Durable Power of Attorney" would control his pension, not the Successor of his Revocable Living Trust. Also, his checks or direct deposits should be coming to either him or a joint bank account with you unless it is changed using a Durable of Attorney.

If the Municipal Bond interest 1099 is in his Social Security number, then that will have to be reported on his own Married Filing Separately tax return. Once you daughter-in-law figures out what the implication of you filing your own Married Filing Separately (MFS) income tax return is, she may see things in a different light. You will need to engage your own CPA to assist you as it may be necessary for him or her to compute what your taxes would be using that MFS filing status as that is the maximum that you should have to pay, and if your daughter-in-law wants your husband to be able to continue to file a joint income tax return with you, then she'll have to pay the difference between what you would other wise pay on a MFS basis and the total tax using the married filing jointly filing status. You husband share of the total taxes using this method will be less than if he is forced to use the MFS filing status (which will be his only option if you choose to do that which is your absolute right).

By the way, if your husband's trust generates $25,600 of municipal bond interest, there should be able funds in his Revocable Living Trust to tax care of his own income taxes as well as any health care in excess of what your annual income requirements are.

Steve G.

Expert:  Stephen G. replied 1 year ago.

At the end of the first paragraph.....................

"with you unless it is changed using a Durable of Attorney."

should be:

"with you unless it is changed using a Durable Power of Attorney".