Legal Question in Wills and Trusts in North Carolina

taxes

Who is responsible for any taxes applicable to a joint bank account if the primary passes away? and who receives the 1099.


Asked on 2/28/04, 2:53 pm

2 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: taxes

The party whose SS# is on the account receives the 1099. If this is the decedent, the estate pays the tax and the survivor receives the account proceed, provided it is a joint account.

My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change.

As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

Read more
Answered on 2/28/04, 5:15 pm
Walter LeVine Walter D. LeVine, Esq.

Re: taxes

Until the account is re-registered, the taxes are paid according to the original social security number on the account. I do not know how this was treated in the past by the joint owners. If the decedent's SS# was not on the account, and the survivor's was, that would seem to be the control the answer. More information on whose number was on the account and how the interest was treated in prior years is needed to give you a better answer.

Read more
Answered on 2/29/04, 3:41 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in North Carolina