Eli Posted April 19, 2007 Report Share Posted April 19, 2007 A friend is working on her cousin's return. Her cousin died in an automobile accident last month. She was due a refund on her return. There is no will (she didn't have anything). The parents would like to be able to claim the refund. I think form 1310 would be used in this case. Am I correct? I would check off box "C" in Part I. In Part II it would be no to the 1st 3 boxes (1, 2A & 2B). For # 3 I'm not sure what they mean by paying out the refund? This is where I'm stuck!! Any assistance here would be greatly appreciated! Thanks! Eli Quote Link to comment Share on other sites More sharing options...
mcb39 Posted April 19, 2007 Report Share Posted April 19, 2007 Eli, it's been a long time since I had one of those. Sounds like you are on the right track though. I would think that if her parents were next of kin, they would be entitled to the refund. Someone is! (Nice Picture of the special child). Quote Link to comment Share on other sites More sharing options...
redux Posted April 19, 2007 Report Share Posted April 19, 2007 A friend is working on her cousin's return. Her cousin died in an automobile accident last month. She was due a refund on her return. There is no will (she didn't have anything). The parents would like to be able to claim the refund. I think form 1310 would be used in this case. Am I correct? I would check off box "C" in Part I. In Part II it would be no to the 1st 3 boxes (1, 2A & 2B). For # 3 I'm not sure what they mean by paying out the refund? This is where I'm stuck!! Any assistance here would be greatly appreciated! Thanks! Eli Eli, that means if it is later determined that the party requesting, and receiving, the refund is not legally entitled to it, "they will pay it out to the appropriate party who has been determined to be the rightful owner." In other words, they promise to hold it in sort of an escrow until the proper beneficiary is determined. Quote Link to comment Share on other sites More sharing options...
Eli Posted April 19, 2007 Author Report Share Posted April 19, 2007 Eli, that means if it is later determined that the party requesting, and receiving, the refund is not legally entitled to it, "they will pay it out to the appropriate party who has been determined to be the rightful owner." In other words, they promise to hold it in sort of an escrow until the proper beneficiary is determined. Thanks to both of you for your replies. That was what I was looking for. I will relay the info to the preparer. Now I'm DONE!! PS: Marilyn, he's a character!! Wanna take him for a couple of weeks?? lol Quote Link to comment Share on other sites More sharing options...
Terry D EA Posted April 19, 2007 Report Share Posted April 19, 2007 Thanks to both of you for your replies. That was what I was looking for. I will relay the info to the preparer. Now I'm DONE!! PS: Marilyn, he's a character!! Wanna take him for a couple of weeks?? lol Eli, Just to add to the others replies. The person who is appointed the personal representative is the person who would sign the return and complete form 1310. The probate court will determine who that person as you stated there was no will. It will probably be one of the parents. BTW, thanks for the e-mial about this board. It is nice to see most of the atxers from the atx board here. Terry D. Quote Link to comment Share on other sites More sharing options...
Eli Posted April 20, 2007 Author Report Share Posted April 20, 2007 Thanks, for the help, Terry! Glad you made your way here! Eli Quote Link to comment Share on other sites More sharing options...
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