My Dad died having no assets and no money, the state of CA is asking me to file his final tax return. Am I responsible for this?
I had nothing to do with his previous tax returns. I feel they are trying to get me to file as he would have owed money and try to get me to pay those taxes.
Debralee, the estate could not have been totally broke if there were some taxes owed. There had to be some income somewhere, a taxable income. Unfortunately the Executor gets saddled with taxes if someone forgot to pay them. There are very specific laws about who gets paid first. If you pay off a credit card and not the income tax, you have to throw yourself on the mercy of the tax man and plead ignorance.
Pamstegman, you are correct that a final return must be done, but the executor of an insolvent estate is not responsible to pay for back taxes. I am the executor of my mother's estate with a probate lawer helping me and even though her estate is not under this situation, I asked about insolvency and was told I am not responsible for any debts that were to incur if her estate could not pay any form of creditors to include state and federal governments.
Your father's final tax return is required by state and federal law if he had income in the year of his death. You are not responsible for any taxes owed if his estate is insolvent.
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