Probate lawyer in Tampa
Death of a loved one and Income Taxes
We are in the middle of “tax season” and many people are anticipating a tax refund. What happens if a loved one dies and a tax refund check in their name arrives? In certain cases, Florida probate law covers such an issue.
TaxesIf the person that is to receive a tax refund is dead, regardless of whether the person filed separately or jointly (with their spouse), and the amount of the refund check is no more than $2500, the refund is handled, according to Florida Statute 735.302, as follows:
1. Directly to the surviving spouse with verification of marriage and a death certificate; or
2. If there is no surviving spouse, the refund would go to a child of the decedent who is designated in a verified application purporting to be executed by all of the decedent’s children over the age of 14.