Suppose I find assets after the estate tax return is filed?

This is more of a curiosity question.

My mother died in 1989 and the estate tax return was filed and the tax paid. In 2007, I found that the State was holding $220 in her name as abandoned property. I plan to do nothing as the amount is so small. But what if the amount had been large? Is there a time limit for ammending an estate tax return?

Reply to
NadCixelsyd
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Since the estate tax return is long past, no problems involving it.

$220 however is not so small an amount. If you are the sole heir, by all means sign onto the state webpage for unclaimed property and find out how to make the claim. If you and your sister are heirs, split it with her. (grin

ChEAr$, Harlan Lunsford, EA n LA

Reply to
Harlan Lunsford

I should clarify: When I said that I planned to do nothing, I meant tax-wise. The money was claimed and my sister and I took our families out for dinner.

But suppose the amount had been $85000. It's too late to file an amended estate tax return. Would the $85000 have been taxable income?

Reply to
NadCixelsyd

quoted text -

No, you inherited it. Inherited property is not taxable income to the heir.

Katie in San Diego

The foregoing is intended for educational purposes only and does not constitute legal or professional advice. Nothing contained herein is intended to be used, or can be used, by any person to avoid penalties that may be imposed under federal or any state law.

Reply to
Katie

Then again, "heirs" do not file estate tax returns (until they die ). So I believe the OP is asking whether the hypothetical $85,000 should be (should have been) reported on an "amended" (supplementatl) estate tax return, and would it be subject to tax.

I believe the answer to the first part is "maybe"; see below. Of course, the answer to the second part is a definite "maybe" . The taxability of any value in the estate depends on a great many factors, not the least of which is the (remaining) lifetime exclusion in force at the time of death.

But to answer the OP's primary question (is there a time limit for "amending" an estate tax return): my mother's accountant told us that the statute of limitations for amending an estate tax return (aka a supplemental return) is the same as for normal tax returns, and there is no point in correct mistakes after that. (Of course, there is no statute of limitations for fraud.)

However, you do not mention whether your father is still alive and whether your parents had an AB trust at the time of your mother's death. My mother's estate attorney told us that the IRS might review the estate tax return of the first deceased spouse in order to qualify (or not!) the Decedent's Trust when the second spouse dies. Arguably, that could open a can of worms if so much of the mother's estate were unreported (hypothetically speaking).

Bottom line: for so small an amount (you said about $220), use your own judgment. But if the amount had been large (e.g. $85K in your hypothetical), you should consult tax and estate professionals, as is always the appropriate thing to do when "real money" is involved.

Reply to
joeu2004

snip

If you found assets, did you also find income? The "assets" may have also earned a return you have neglected and the income tax return of the estate may need to be amended. This is separate from and in addition to the estate tax return.

Reply to
redmonds

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