Announcement

Collapse
No announcement yet.

Is Estate required?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Is Estate required?

    On the death of a taxpayer, where all assets pass through to the spouse in a community property state, is it necessary to do a 1041 for the estate?

    Sometimes, but not all times, the will is probated if there is a significant amount of assets. But many times, if there is only CD's and a residence and personal effects, here in Texas, the will is not probated.

    I think a 1041 should be done, at least until the will is probated and the assets are titled over to the surviving spouse. The problem I have is that many times the surviving spouse just continues conducting business for the Schedule C/F/E using the same bank account. Where there are depreciable assets I insist on an inventory of the estate and the setting of FMV that I will use for depreciation purposes.

    When the surviving spouse continues on with the Schedule C/F/E business using the same bank account, I have them separate the income and expenses before and after the death of the taxpayer.
    Jiggers, EA

    #2
    The 1041 is only used for probate assets. Everything that has a beneficiary or is held in joint tenancy with right of survivorship is not run through the 1041.

    Comment

    Working...
    X