Bronx, NY asked in Banking, Contracts, Mergers & Acquisitions and Tax Law for New York

Q: Can I file my dads tax returns if he passed away last year oct? How does this process work?

He is currently married to his wife in which her and I are in very bad term due to her infidelity. How can i go about this potentially without her?

3 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Business Law Lawyer
  • New York, NY
  • Licensed in New York

A: Whoever is the estate fiduciary can file the return. The refund, if any, goes to the estate. The first $50,000 of any estate (unless there is a will) goes to the spouse. Thus, you need to determine if there is anything in it for you, if an estate is worth commencing, and if a return should be filed under those circumstances.

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Business Law Lawyer
  • Tallahassee, FL

A: Wait; what? If your dad is "currently married to his wife" then someone needs to tell her that "he passed away last year Occt." Yes, I know: Those are YOUR EXACT WORDS bud.

D. Mathew Blackburn agrees with this answer

1 user found this answer helpful

D. Mathew Blackburn
D. Mathew Blackburn
Answered
  • Tax Law Lawyer
  • Englewood, CO

A: I'm with Bruce.

First we need to establish some basic facts and clean up the question.

Second, I would look for a probate attorney before you try to edge out the surviving spouse.

Like her or not that's usually a bad idea.

Find a NY probate attorney that can tell you what you can and can't do before you do something you regret.

Best of luck.

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