How to file federal tax return for deceased person
How To Taxes File For A Deceased Person
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hey everybody it's shamika thank you
guys for tuning in please like subscribe
and share my videos i appreciate your
support
so i hope you guys are ready for this
we're going to talk about the inevitable
death and
taxes two things that people absolutely
cannot stand to talk about but i am
going to break this down to make it so
easy that it's painless i promise okay
so you guys know that i deal with a lot
of taxes and tax preparation and we have
a ton of people unfortunately that come
into the office and they have to file
taxes for someone that is deceased
now if this happens to you first my
condolences
but second we still have to file the
taxes why because if you don't you let
the irs keep any amount of money that
this person has paid in taxes and we
don't believe in robbing ourselves
remember we believe in getting
everything that is ours and this is one
way to do it so in the event that
something happens here is what you need
to know to get ready to file your taxes
when tax season approaches and to be
able to do this seamlessly so that you
will be able to get your tax return in a
decent amount of time or shall i say tax
refund okay
so if an individual
is
deceased
yes you still will need the same tax
documents that you normally would use to
file taxes w2s 1099s unemployment um you
know whatever that is you can use the
same exact documents um your mortgage
interest statements regular interest
statements any dividend statements any
interest income everything that you
would file if they were alive you still
would file now in the event that they
are no longer here
here are a few things that you do need
to know
if you had a baby
a child that was born
and after you birth that child the child
died within a couple hours weeks or
months
you can still file
taxes for that
deceased child and you will get credit
the earned income tax credit and the
child tax credit for the excuse me
you will get the earned income tax
credit there will be no child tax credit
in this event because the baby or the
child did not live long enough so it
will just be earned income tax credit
i'm glad i caught myself and what y'all
saying you said so i caught myself okay
now
if you are married
and your spouse expires
when you go to file taxes as long as you
have not remarried
then you can still use the filing status
of
married
filing
joint okay i know a lot of married
couples
choose not to file together
one person usually files had a household
and then the other spouse who's still
living in the same house chooses to file
married filing separate
that's cool if that's what you choose to
do while they were alive but in order
for you
the remaining um spouse to get the most
benefit and the largest tax return you
should file
married filing
joint okay
the person's not here to argue with you
anyway um you might as well get your
full standard deduction for a married
filing joint versus head of household
because merit filing joint gives you
more
money to work with or shall i say you
get taxed less because your standard
deduction is higher okay so that's
something that you need to know
um i do have a lot of parents that may
come in and file taxes for the children
there is nothing special that you need
to do um the only time it would be
anything different if it was someone
that was married
what you need to do other than bring in
your tax documents would be to also
bring in a copy of the death certificate
okay the reason you'd want the copy of
the death certificate because and this
is how most tax shops are set up
most tax shops are not set up where they
can upload and attach documents but if
by chance the tax office you go to they
can upload documents you will need that
death certificate to upload with your
tax returns so that it can be e-file but
i'm not done there's more that you need
okay so make sure you have a copy of the
death certificate if you don't have a
copy and you have an original bring it
to the tax preparer i'm hoping they have
a copy machine they should because
they're going to print your returns get
a copy you keep the original and send
the copy to the irs okay
now you will also need an irs form
1310
this form is critical guys okay a lot of
people do not
um include this form this is a form for
another individual to claim another
individual's tax return okay
very very important
there are a lot of people that die
um without a will okay
um
there are people who um you know they
have no instructions for what they
expect someone to do in the end and this
form 1310 is something that the irs is
going to require that you have okay
so i went and actually got a copy of the
irs form 1310. i know you guys probably
can't see it but i'm going to read this
to you because it's very important okay
now the irs always has their very
traditional standard information where
they ask you your name your birthday
your social and all of that but there
are a couple questions you need to make
sure that you answer correctly this form
is only one page guys okay but one thing
incorrectly will delay your refund all
right so this is broken into two three
parts excuse me first part um
is where you're going to identify who
you are okay are you a surviving spouse
are you a court appointed um a trustee
are you an administrator did you get
left and charged to handle this
individual's affairs uh and then option
c is neither okay
i will tell you
that this is from my own personal
experience okay
if you are not the surviving spouse
and okay if you're not a surviving
spouse it's difficult
to
get the refund because the irs is going
to want to know who you are okay and
they're going to know if you're married
or not because most people who tell the
truth file
married filing joint married filing
separate okay so they will know
second
if you are a court appointed individual
administrator um a trustee whatever that
is please even though it doesn't say it
here
attach a copy okay because they're going
to
delay and hold up your refund because
they're just they're not going to
believe who you are and they're going to
ask you to send something from the court
anyway to verify so to jump on that send
some proof ahead of time with this form
when you turn it in okay now if you're
not a trustee you're not this person did
not leave a will you're not the
surviving spouse you
may have a problem okay now i'm gonna go
to the second part it's three questions
they're gonna ask you did the individual
leave a will yes or no okay
uh if it's yes
fine
if it's no
who are you that is claiming this refund
right so it says has a court appointed a
personal representative for the estate
of the descendant that means
it has the court decided that that you
or your mother or whomever that is is
going to be in charge of
claiming this refund okay so you guys
need to make sure that you answer these
correctly and tell the truth because
they may ask you to send proof if you
have no proof
no refund okay
and um
they ask you two off questions about
that if you answered no
is there going to be somebody somebody
that's going to be appointed if you
answer yes
um
the personal representative must file
and again remember i said show or attach
some supporting documentation so that
they know who you are that's claiming
the refund and then the last question
says as a person that is claiming the
refund
will you pay out the refund according to
the laws of the state where the
descendant was a legal residence
resident okay now if you're smart you're
going to say yes because basically
you're telling the irs that hey
if i get this money from a refund and
you guys pay me if this person that's
deceased has outstanding bills or or
creditors that they must pay before
anything else is paid out i'm going to
do it because i was entrusted to do this
according to the will or the court uh
you know made me an administrator okay
so you want to make sure that you are
answering that correctly and then you're
just going to sign and date all right so
i'm going to run this back really quick
you're going to
bring in your regular support and
documentation to file your taxes
normally as you normally would okay
but please make sure that the tax
preparer knows that the individual is
deceased and i'm going to tell you why
if you file this return normally say you
attach all these supporting
documentations you use form 1310 but you
still have that individual as alive and
not deceased because sometimes you can
forget even if you have a death
certificate people are talking you get
sidetracked
if you do that and you do not mark that
individual as deceased the
person will not get the refund okay so
um
family members loved ones spouses you
know whoever you are if you are going to
file taxes for someone please make sure
that not only do you bring in their
their documents to file taxes make sure
your tax preparer marks that individual
as deceased and they have to put a date
into the system
that's where the death certificate comes
from because the date of death is on the
death certificate
then you need form 1310 it's a one-pager
guys okay now you do not have to attach
an actual paper copy
software uh tax software already has
this form built in but if the tax
preparer doesn't know what the heck
they're doing because a lot of people
don't file taxes for dead people okay if
they don't you won't get a refund all
right so you're gonna need form 1310 and
then
you will need
a will
or
proof that you are the administrator
from the courts okay so that could be
four or five documents let me run
through it all of your documents to
normally file your taxes
make sure the tax preparer marks the
deceased as deceased in the tax software
and they will need the actual date of
death the date of death comes from
the death certificate so you'll need
that death certificate not only will you
need that death certificate you then
will also need irs form 1310 it could be
the actual paper copy or it can be the
electronic copy built into the software
but you will need to um have that form
and then last but not least it's going
to be
um the proof that you're an
administrator
or if you're not an administrator and
you're a spouse you won't need this
you'll just need these four things and
you're fine but if you're a child or
you're something like that and your
parent did not or did not leave a will
you will need to go to court and get the
court to say that you can be the
administrator before you file the taxes
okay so if you find that you don't have
any legal right according to this irs
form 1310 then you should wait until
after the court gives you the right to
go and claim the taxes okay so that is
what you're going to do to um file
taxes for a deceased individual okay and
also guys remember if you're married
this happens to a lot of people make
sure that you
are the first year you select mary
filing joint as long as you have not
remarried your married filing joint but
for two years after if you still have
not remarried you will qualify for a
qualifying widow the good part about
being a qualifying widow is it that it
still gives you a high
standard deduction which means you pay
less taxes than a single person would
okay so remember that if you have not
remarried first year you're always going
to be still married with your spouse for
the second and the third year after they
have deceased you will be a qualifying
widow all right don't let anybody tell
you different you can always go to the
irs and look this information up
yourself guys okay
um let me see if i forgot anything else
make sure you guys have support and
documentation that's very important
um no this is what i wanted to say and
then i'm gonna let you guys go okay
if the tax preparer does not have the
ability to upload these documents a lot
of software is not
uh made for that just yet okay um and we
and you guys don't know if you upload if
it's going to transmit to the irs when
you do your e-file transmission okay so
if you are not sure and what i normally
do is if i have an individual that is
that has a deceased tax filing to do i
mail it okay now um my software does not
necessarily um
upload nice clean and neat the way i'd
like it to um so i'm not sure if the
attached documents will make it through
to irs so for my own safety and for my
clients i make sure that i mail it in so
i'm mailing in the four or the five
documents that i went through earlier so
that is all you are going to need okay
it sounds like a lot but if you have an
inexperienced tax preparer it is not but
it is very important that you do file
because we don't want to leave the money
on the table for anybody even if you
don't have a will or they do have a will
that money still belongs to the family
and the loved ones you just have to get
the courts to say that you can claim
that money if they did not leave a will
now we ain't gonna talk about why no
one's not leaving the wheel that's a
totally different video but in the event
this happens to you i hope you now know
what to do thank you guys for tuning in
please like subscribe and share i
appreciate you guys support and remember
i am on mondays at 7 00 p.m on all
platforms please tune in bring your
questions
and drop a comment below if you had to
experience filing
taxes for a deceased individual and what
problems did you have okay that way we
can get prepared for the next bronze tax
season that is getting ready to come up
you guys take care talk to you soon bye
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