Bronx, NY asked in Divorce, Estate Planning, Probate and Tax Law for New York

Q: My father passed away last year and he is married to his wife who iam not in great terms with because of her infidelity.

Can I file his taxes or should I leave it alone? Is it legal for me to do it since he is married. He never gave consent for any specific individual to file taxes as we were in the process of doing so while he was diagnosed with cancer. Rapid divorce was not as rapid as his diagnosis unfortunately we were unsuccessful in getting the two divorced. is there anything I can do ? Should I still file his taxes?

2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: Only his estate representative can file his taxes. The wife is due the first $50,000 of his estate unless he had a will, so unless the refund is more and there are other assets, there is no need to do it.

Lawrence Allen Weinreich agrees with this answer

George E. Patsis
George E. Patsis
PREMIUM
Answered
  • Estate Planning Lawyer
  • Lindenhurst, NY
  • Licensed in New York

A: An estate representative, either an executor or administrator, should determine whether a tax return is necessary. The estate representative is responsible for administering an estate and filing any necessary tax documents.

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