QUESTION
Do I have to open an estate if we owned everything jointly and the deed to the house is only in my name? can I file taxes jointly for 2016?
Asked on Feb 09th, 2017 on Estate Planning - Maryland
More details to this question:
My husband died November 12, 2016 and he had no assets. We file jointly for taxes each year. Can I file as usual or do I have to file separately for him and use that for his estate?
1 ANSWER
Maryellen Sullivan
I'm sorry for your loss.
You can file a joint return for 2016. If his estate doesn't have assets, I'm guessing that the estate will not earn any income (such as interest, dividends, etc.) so you will not have to file an estate income tax return at all.
You do not have to open an estate if he had no assets. If he had a Will, it would be prudent to file it with the court with no other action requested, as a safeguard if any assets appear in the future.
Owning everything jointly makes estate administration simpler for a surviving spouse. With all of the complications that death can bring, this is one bit of good news.
Answered on Feb 10th, 2017 at 5:14 AM