[WSBAPT] Closing Estate - Tax Return Pending
Nick Pleasants
npleasants at ohswlaw.com
Thu Sep 8 10:38:12 PDT 2022
Brent,
Closing under RCW 11.68.114 means the PR “retains the powers to: Deal with the taxing authority of any federal, state, or local government;”
I would think depositing and distributing a federal tax refund falls squarely within that power.
Best,
Nick
Nicholas Pleasants | Shareholder
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Thursday, September 8, 2022 10:09 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Closing Estate - Tax Return Pending
Wise Members of the List -
I have an estate that I believe I may close, but want to verify.
Everything is done EXCEPT the filing of the last tax return where there will be a TAX REFUND back to the Decedent who had pre-paid quarterly taxes in advance of passing and is getting a tidy sum back.
11.68.114 deals with OWING taxes, penalties, fees, etc. but says nothing about keeping the estate account open to receive a refund. I presume that it would be also permissible to keep the estate account open to receive that refund and then issue final distribution to beneficiaries at that time.
Am I correct that we can close down and do the remaining closing process with that same language of 11.68.114 or do I just need to have everything sit in crock-pot mode until the tax refund is obtained?
Thank you!
Brent
Brent Williams-Ruth (pronouns: he/him)
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