Paying Taxes after You're Dead? Why You Need a Probate Lawyer


Many people are shocked and surprised to learn that they will have a final tax return that needs to be filed after they are already dead. Additionally, if you die within a month or two of the new year, and you have not filed your taxes yet for the previous year, your beneficiaries will have to file two years' worth of tax returns—next year's as well as the current year's. You can prevent leaving that untimely and shocking burden with your heirs by involving a probate lawyer. Here is why you may want to do just that.

Settling All Debts

A probate lawyer is responsible for settling all debts, including ones you have barely incurred from your last moments alive. The government, regardless of the fact that your lawyer has sent and verified your death with a death certificate, will still want their tax money from you. After you are gone, a probate lawyer like Leon J Teichner & Associates, P.C. files the taxes for you in the respective years, and makes sure there are no errors on the forms. Errors delay the final execution of your will. You could leave this task up to your most trusted adult child (or your spouse, if he/she is capable). However, if anything goes wrong with the taxes, the government could seize more of your estate, leaving your heirs with very little money and tons of legal fees to resolve it.

Preventing the Loss of Your Possessions and Posthumous Tax Audits

Your estate and all of its possessions could also be lost if the taxes are forgotten or filed too late. The government could freeze your accounts, freeze your remaining assets that you wanted to go to family members, and then hang in the balance for months or years. Because the probate lawyer would make sure everything is filed correctly and on time, he/she can prevent this from happening. There is an outside chance that your estate could be audited after your death, too, in which case your spouse and/or children would have to hire a lawyer anyway to contest the audit.

Preventing Punitive Action against Your Heirs

In your absence, the government could choose to pursue tax debt via your heirs. Estate taxes are already a difficult burden for heirs without finding out that your final income taxes may also need to be paid by them as well. Your probate lawyer's involvement can head that off, thereby allowing your heirs to heal from their grief and enjoy what you have left them.


14 November 2016

why you need a real estate lawyer to read documents

Stop -Don't sign that! I was unfortunate to learn the hard way that real estate documents should never be signed without a real estate lawyer looking over them. It took nearly two years to undo the damage that was done when I took a few minutes to read and sign a contract to purchase a piece of land. If you are looking to buy land, talk with a real estate attorney. This attorney should always read any contracts or documents that you are presented regarding the property you are purchasing. Find out what could happen if you fail to have a professional read over those documents here on my blog.