How Do We File Taxes For My Brother Who Died In 2007?

Sat, Nov 28, 2009

My brother died in May 2007. He left behind a 2 year old daughter who lives with my parents who have guardianship of her.
Do they:
1. File their taxes as usual and claim my niece on their taxes as a dependent? or
2. File taxes on behalf of my brother and claim her on his taxes? or
3. Do they even need to file taxes on his behalf?
We’ve tried looking online on the IRS website and can’t find anything pertaining to this situation.
Any suggestions?

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12 Responses to “How Do We File Taxes For My Brother Who Died In 2007?”

Patricia Z Says:
28. November 2009 at 10:46 am

I’m not sure who whe executor of his estate would be but that would be the person to ask. If it’s one of your parents then maybe they can contact a lawyer or a CPA to get more answers.

kittenwi Says:
28. November 2009 at 10:46 am

they do # 1…u cant file taxes for someone who is dead that would be fraudulant.

southsid Says:
28. November 2009 at 10:46 am

call the irs, or h and r block and sorry to hear your story.
Im betting its # 1 though.

bushnana Says:
28. November 2009 at 10:46 am

Just so you don’t do it wrong, I would recommend talking to a tax consultant in person.

Judy Says:
28. November 2009 at 10:46 am

Your parents can claim your niece as a qualifying child.
If your brother had enough income that he’d have been required to file, then they should file a return for him for the year, marking it as a final return. Tax software, or any competent tax preparer, can handle this.

aj Says:
28. November 2009 at 10:46 am

Write “DECEASED,” the decedent’s name, and the date of death across the top of the tax return. In addition, on a joint return write the names, address, and Social Security numbers of the decedent and surviving spouse as usual. If the return is not joint, write the decedent’s name in care of the person filing the form, and that person’s address. see an accountant for the specifics involved with the children.

Incredib Says:
28. November 2009 at 10:46 am

im not sure, i recommend you file with an ageny. i’m so sorry about your brother

♥♥The Queen Has Spoken♥♥ Says:
28. November 2009 at 10:46 am

They should file his tax statement and put her on it. Then next year they would file their own statement with her as a dependent.
Also have they filed with Soc. Sec to get her Soc Sec benefits until she turns 18….

Diane B Says:
28. November 2009 at 10:46 am

Who is the attorney handling your brother’s estate? He is the person to whom you should be speaking. He should have someone in his office who is a tax expert and can answer these questions for you. Good luck

es Says:
28. November 2009 at 10:46 am

Sorry for your loss. Yes, you file taxes for a decedent if he earned income in the year of his death. You need to get some tax advice specific to your family’s situation. Either see an accountant, or go to an income tax preparer and have them help you. Yes, your parents can claim your neice as a dependent, but there may be some rules specific to how many months she has resided in their home, so get advice. Even though it costs money to do that, at least you know you are doing the right thing and maximizing your deductions.

Hope G Says:
28. November 2009 at 10:46 am

well first i am sorry for your los.. i would think you can go to a tax accountant and they should be able to solve that

Cuddle Monkey Says:
28. November 2009 at 10:46 am

turbo tax covers it 30 bucks, you can input different scenarios for different results. H & R Block is a rip off. you might want to talk to the lawyer in charge of the estate.
ps they can claim your niece, they had guardianship in the year 2007
they don’t have to file, sure, but they might get some $ back. Don’t stress too much, if you find you filed incorrectly, you can always ammend 2007 later.http://www.wwwebtax.com/irs/irs_teletax_…
pss i’m sorry about your bro

Patricia Z Says:
28. November 2009 at 10:46 am
I’m not sure who whe executor of his estate would be but that would be the person to ask. If it’s one of your parents then maybe they can contact a lawyer or a CPA to get more answers.
kittenwi Says:
28. November 2009 at 10:46 am
they do # 1…u cant file taxes for someone who is dead that would be fraudulant.
southsid Says:
28. November 2009 at 10:46 am
call the irs, or h and r block and sorry to hear your story.
Im betting its # 1 though.
bushnana Says:
28. November 2009 at 10:46 am
Just so you don’t do it wrong, I would recommend talking to a tax consultant in person.
Judy Says:
28. November 2009 at 10:46 am
Your parents can claim your niece as a qualifying child.
If your brother had enough income that he’d have been required to file, then they should file a return for him for the year, marking it as a final return. Tax software, or any competent tax preparer, can handle this.
aj Says:
28. November 2009 at 10:46 am
Write “DECEASED,” the decedent’s name, and the date of death across the top of the tax return. In addition, on a joint return write the names, address, and Social Security numbers of the decedent and surviving spouse as usual. If the return is not joint, write the decedent’s name in care of the person filing the form, and that person’s address. see an accountant for the specifics involved with the children.
Incredib Says:
28. November 2009 at 10:46 am
im not sure, i recommend you file with an ageny. i’m so sorry about your brother
♥♥The Queen Has Spoken♥♥ Says:
28. November 2009 at 10:46 am
They should file his tax statement and put her on it. Then next year they would file their own statement with her as a dependent.
Also have they filed with Soc. Sec to get her Soc Sec benefits until she turns 18….
Diane B Says:
28. November 2009 at 10:46 am
Who is the attorney handling your brother’s estate? He is the person to whom you should be speaking. He should have someone in his office who is a tax expert and can answer these questions for you. Good luck
es Says:
28. November 2009 at 10:46 am
Sorry for your loss. Yes, you file taxes for a decedent if he earned income in the year of his death. You need to get some tax advice specific to your family’s situation. Either see an accountant, or go to an income tax preparer and have them help you. Yes, your parents can claim your neice as a dependent, but there may be some rules specific to how many months she has resided in their home, so get advice. Even though it costs money to do that, at least you know you are doing the right thing and maximizing your deductions.
Hope G Says:
28. November 2009 at 10:46 am
well first i am sorry for your los.. i would think you can go to a tax accountant and they should be able to solve that
Cuddle Monkey Says:
28. November 2009 at 10:46 am
turbo tax covers it 30 bucks, you can input different scenarios for different results. H & R Block is a rip off. you might want to talk to the lawyer in charge of the estate.
ps they can claim your niece, they had guardianship in the year 2007
they don’t have to file, sure, but they might get some $ back. Don’t stress too much, if you find you filed incorrectly, you can always ammend 2007 later.http://www.wwwebtax.com/irs/irs_teletax_…
pss i’m sorry about your bro

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