My son lived in New York and worked for some big firm. In Aug 2016 he tragically passed away. Employer aware of it and last month they send me his W2 form. I live separately in PA. My question is: Am I required by law to file a tax return for him? Or it’s my choice? Also, if I file his tax return and he’s owned some money – Am I obligated to pay those?
Thank you in advance for your feedback.
You aren't, this would be a matter for his estate. If you are the executor of the estate, then you do have to file a final tax return. However, if he owed money, you are not obligated to pay it, it is the estate's obligation and if the estate can't pay or is insolvent it does not pass to you.
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This should have been handled by the executor of the estate. The executor of the estate is required to file an Estate Tax Return within 9 months of the date of death. A six month extension is available if requested prior to the expiration of that 9 month period and if the tax has been paid.
If you were the executor, then there could be a problem here. An executor is required to pay the Estate Federal Taxes before other debts of the estate.
If you were the executor you may need to consult with a tax attorney.
This is general advice and does not establish a lawyer client relationship.
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