Deceased Spouses

Here?s the situation:

I have prepared tax returns for husband and wife for about 20 years. Simple returns; retirement income and some interest. Both died in

2009, in their 80?s: wife in June, husband in November. Only child, a daughter, now about 60, is a very disorganized and only recently hired a lawyer and was named as the court-appointed executrix of both estates. After prompting from me, daughter has finally sent me the documents and paperwork for the 2009 tax return (Oct 15 extension now expired). I have never encountered a situation where both spouses died in the same year.

Some questions:

I presume I need to prepare two returns for 2009: a joint 1040 for the period of Jan-Nov 2009 (the 2nd death) and a 1041 for the Estate of the Husband for the period of Nov-Dec 2009, and probably for 2010?
Daughter has not yet filed for an EIN for her father?s estate, although I sent the documentation. I presume an EIN is needed for the estate 1041?
The house (mortgage-free) is still in the name of husband and wife and has not yet been transferred to the daughter (who intends to keep it as a rental ? if she ever gets her act together). House expenses (utilities, taxes, insurance, etc.) are being paid by the estate. Other interest-bearing and investment accounts are also still in the names of the husband and wife. I presume this income and these expenses will be on the Estate 1041 return in 2010?

Is any of this incorrect? Do I need any more information from the daughter?

Thanks.

The 1041 need not be on a calendar year basis. It may also have a tax year ending November 30. However, as the daughter appears to be the next-of-kin (and clearly there is no will to override bequests, else she would not have needed the court appointment), a 1041 could be bypassed and all income and expenses reported by her on her 1040 directly. If there were a grantor trust involved, this could be [partially] mandated as such bypasses probate.

Yes.

If that's where she wants it put. However, noting the tax rates for estates/trusts vs. individuals, not distributing the DNI that exceeds expenses, the $600 exemption, and the income in lesser brackets than that of the daughter would be stupid.