[WSBAPT] Closing Estate - Tax Return Pending

Philip N. Jones pjones at duffykekel.com
Thu Sep 8 10:39:02 PDT 2022


The big question is who the IRS will make the refund check out to, and how you will go about cashing (depositing) that check.  It is very difficult to cash a check payable to Robert Jones or the Robert Jones Estate when neither exist and neither have a bank account.  It is always best to keep the estate open and keep open an estate bank account with a small balance in it, unless other factors dictate otherwise.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

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)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

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