Death of Taxpayer

[peggysioux]

Taxpayer died last month and had no will or any one set up to handle his estate. He has lived with his girlfriend for years and everything in both their names; however she is not authorized to be his executor of his estate. How can tax return be filed or can it be filed?

[JohnH]

Extension...

[Burke]

Taxpayer died last month and had no will or any one set up to handle his estate. He has lived with his girlfriend for years and everything in both their names; however she is not authorized to be his executor of his estate. How can tax return be filed or can it be filed?

Tax return cannot be filed until someone is appointed his personal representative by the court. Is she going to pay his final expenses? A court would allow her to qualify in this case if no one else contested. And "in both their names" is not clear enough to determine ownership. If not married, and there was no TOD designation, or JTWROS, then you are looking at Tenants in Common, more than likely. His estate has a 1/2 interest in all such jointly owned property, and it is subject to his creditors.