[WSBAPT] Closing Estate - Tax Return Pending

[Diane J. Kiepe]

Excellent question.  While depositing a check is dealing with taxing authorities, you then have to distribute the same correct?  So would checks be written, cash handed out, PR keep as fee, etc.  be ancillary to that power and allowed or….
I have this same issue and I was thinking of just keeping the estate open – any thoughts on either approach is greatly appreciated.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nick Pleasants
Sent: Thursday, September 8, 2022 10:38 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Closing Estate - Tax Return Pending

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

[OseranHahnAttyatLaw 8]

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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

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