Skip to content
  • Call For a Consultation (602) 932-3187
Contact Us
  • Call For a Consultation

(602) 932-3187

estate planning law firm
  • Home
  • Start Here
    • Becoming a Client
    • Our Story
    • Our Approach & Values
    • Meet the Team
    • Client Testimonials
  • PROTECT MY FAMILY
    • Estate Planning
    • Wills and Trusts
    • Power of Attorney
    • Deeds & Real Estate Transfers
  • Specialized Planning
    • Minor Children
    • Special Needs Trusts
    • Asset Protection Planning
    • Irrevocable Trusts
  • Elder Care
    • Long term Care
    • Medicaid (ALTCS)
    • Guardianship
  • Probate
    • Do I Need Probate?
    • Avoiding Probate
    • Trust Administration
  • Business Planning
    • Business Formations
    • Business Succession Planning
    • Operating Agreements
    • Employment Agreements
  • Resources
    • Estate Planning Blog
      • Estate Planning
      • Elder Law
      • Probate
      • Business Succession
      • Guardianship
    • Videos & Recordings
    • Seminars & Webinars
    • Free Estate Planning Masterclass
    • Educational Library
    • Estate Planning Resources For Professional Advisors
    • FAQs
    • Media Room
  • Contact Us
    • Schedule Strategy Session
    • Office Locations
  • Home
  • Start Here
    • Becoming a Client
    • Our Story
    • Our Approach & Values
    • Meet the Team
    • Client Testimonials
  • PROTECT MY FAMILY
    • Estate Planning
    • Wills and Trusts
    • Power of Attorney
    • Deeds & Real Estate Transfers
  • Specialized Planning
    • Minor Children
    • Special Needs Trusts
    • Asset Protection Planning
    • Irrevocable Trusts
  • Elder Care
    • Long term Care
    • Medicaid (ALTCS)
    • Guardianship
  • Probate
    • Do I Need Probate?
    • Avoiding Probate
    • Trust Administration
  • Business Planning
    • Business Formations
    • Business Succession Planning
    • Operating Agreements
    • Employment Agreements
  • Resources
    • Estate Planning Blog
      • Estate Planning
      • Elder Law
      • Probate
      • Business Succession
      • Guardianship
    • Videos & Recordings
    • Seminars & Webinars
    • Free Estate Planning Masterclass
    • Educational Library
    • Estate Planning Resources For Professional Advisors
    • FAQs
    • Media Room
  • Contact Us
    • Schedule Strategy Session
    • Office Locations

What Taxes Have to Be Paid When Someone Dies?

Serving Clients in the Gilbert, Arizona Area

What Taxes Have to Be Paid When Someone Dies?
  • January 12, 2022
  • Asset Protection, Estate Planning, Trust Administration, Wills & Trusts
Gilbert Arizona estate planning attorney

BY: Jake Carlson

Jake Carlson is an estate planning attorney, recognized business leader, inspiring presenter, and popular podcast host. He is personable and connects immediately with others. A natural storyteller, he loves listening to your story and exploring what matters most to you.

Get To Know Jake
Please Share!
Facebook
Twitter
LinkedIn
Email
Tax obligations continue on despite the passing of a loved one, and in some cases, come about because of it. Tax deadlines pose a challenge for grieving families.
  • Scroll Down to Read Article

The last thing families want to think about after a loved one has passed are taxes, but they must be dealt with, deadlines must be met and challenges along the way need to be addressed. The article “Elder Care: Death and taxes, Part 1: Tax guidance for administering a loved one’s estate” from The Sentinel offers a useful overview, and recommends speaking with an estate planning attorney to be sure all tasks are completed in a timely manner.

Final income tax returns must be filed after a person passes. This is the tax return on income received during their last year of life, up to the date of death. When a final return is filed, this alerts federal and state taxing authorities to close out the decedent’s tax accounts. If a final return is not filed, these agencies will expect to receive annual tax payments and may audit the deceased. Even if the person didn’t have enough income to need to pay taxes, a final return still needs to be filed so tax accounts are closed out. The surviving spouse or executor typically files the final tax return. If there is a surviving spouse, the final income tax return is the last joint return.

Any tax liabilities should be paid by the estate, not by the executor. If a refund is due, the IRS will only release it to the personal representative of the estate. An estate planning attorney will know the required IRS form, which is to be sent with an original of the order appointing the person to represent the estate.

Depending on the decedent’s state of residence, heirs may have to pay an Inheritance Tax Return. This is usually based on the relationship of the heirs. The estate planning attorney will know who needs to pay this tax, how much needs to be paid and how it is done.

Income received by the estate after the decedent’s death may be taxable. This may be minimal, depending upon how much income the estate has earned after the date of death. In complex cases, there may be significant income and complex tax filings may be required.

If a Fiduciary Return needs to be filed, there will be strict filing deadline, often based on the date when the executor applied for the EIN, or the tax identification number for the estate.

The estate’s executor needs to know of any trusts that exist, even though they pass outside of probate. Currently existing trusts need to be administered. If there is a trust provision in the will, a new trust may need to be started after the date of death. Depending on how they are structured, trust income and distributions need to be reported to the IRS. The estate planning attorney will be able to help with making sure this is managed correctly, as long as they have access to the information.

The decedent’s tax returns may have a lot of information, but probably don’t include trust information. If the person had a Grantor Trust, you’ll need an experienced estate planning attorney to help. During the Grantor’s lifetime, the trust income is reported on the Grantor’s 1040 personal income tax return, as if there was no trust. However, when the Grantor dies, the tax treatment of the trust changes. The Trustee is now required to file Fiduciary Returns for the trust each year it exists and generates income.

An experienced estate planning attorney can analyze the trust and understand reporting and taxes that need to be paid, avoiding any unnecessary additional stress on the family.

To learn more about estate planning in the East Valley, Gilbert, Mesa and Queen Creek, schedule your free consultation with Attorney Jake Carlson by using one of the links above.

Reference: The Sentinel (Dec. 3, 2021) “Elder Care: Death and taxes, Part 1: Tax guidance for administering a loved one’s estate”

PrevPreviousIs It Necessary to have a Medical Power of Attorney?
NextHow Do You Gift Your House to Your Children during Your Lifetime?Next
Subscribe!

Recent Posts
  • Why Timeshares are One of the Worst Assets to Inherit
  • Do I Need Estate and Retirement Plans If I Don’t Have Kids?
  • Will Your Digital Life Outlive You?
  • Resources for Children with Developmental Disabilities
  • Protecting Your Business with Life Insurance
Categories
  • Advanced Directives
  • ALTCs
  • Alzheimer's Disease
  • Asset Protection
  • Business Formations
  • Business Succession
  • Charitable Planning
  • Dementia
  • Elder Law
  • Estate Administration
  • Estate Planning
  • Estate Tax
  • Guardianship
  • Life Insurance
  • Medicaid
  • Medicare
  • News
  • Power of Attorney
  • Probate
  • Retirement
  • Social Security
  • Special Needs
  • Trust Administration
  • Uncategorized
  • Wills & Trusts

Contact Us

All fields marked with an “ * ” are required

Practice Areas

Conservatorship Lawyer Mesa, AZ
End-Of-Life Planning Lawyer Mesa, AZ
Estate Planning Lawyer Mesa, AZ
Guardianship Lawyer Mesa, AZ

Wills And Trusts Lawyer Mesa, AZ
Living Will Lawyer Mesa, AZ
Business Formation Lawyer Mesa, AZ

Estate Administration Lawyer Mesa, AZ
Asset Protection Lawyer Mesa, AZ
Living Trust Lawyer Mesa, AZ

estate planning law firm
Facebook-f Twitter Linkedin-in Youtube Instagram Rss

Our Mesa Office

2500 S Power Road
Bldg 14
Suite 132
Mesa, AZ 85209

New Clients: (602) 932-3187

Existing Clients: (480) 400-0111

Our Gilbert Office

1425 S. Higley Road #106
Gilbert, AZ 85296

Copyright © 2025 – LifePlan Legal AZ. All rights reserved. Some artwork provided under license agreement. Privacy Policy | Disclaimer | Sitemap