Probate in Florida: Why the IRS is Involved

Among the people and entities involved in probate in Florida is the Internal Revenue Service (IRS). The purpose, of course, is taxes, because the deceased's estate will become a new tax entity. This is one reason why you may need to consult with an estate planning attorney, in Fort Myers, Florida, to discuss how you may be affected as a beneficiary.

On the other hand, an attorney can advise you on taking steps now, before you die, to minimize any tax burdens on your beneficiaries.

Tax Documents Arising from Probate in Florida

Depending on variables such as the deceased's income and the size of the estate, the personal agent assigned to handle the administration of the estate may be tasked with filing any of the following returns:


  • ·         Final Form 1040 to report income for the deceased's last tax year;
  • ·         Form(s) 1041 to report income for the estate;
  • ·         Form 709 gift tax return to report gifts the deceased made before death; and
  • ·         Form 706 to report the gross estate as well as deductions.


The personal agent may also have to handle issues from past tax years, such as  tax returns that have been flagged for various reasons or returns that weren't filed but were supposed to be filed. Complicated tax issues such as these usually necessitate an estate planning attorney in Fort Myers, Florida for probate in Florida

Help from an Estate Planning Attorney in Fort Myers is Just a Phone Call Away

Fort Myers estate planning attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your probate concerns, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions – 239-939-7100 or 844-764-5492.

Matthew A. Linde
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