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Deceased Client's Tax Refunds


Lee B

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For the first time since 1992 when I started my current practice, I am preparing a tax return for a deceased client without a surviving spouse.

There are refunds due totaling about $ 3,000.  There is a will with one of 3 children named as personal representative.

However there are no probate assets  since everything was " Payable on Death" or jointly owned with the 3 children.

In Oregon, if there  are no probate assets, then there is no court appointed or certified personal representative.

Reading thru Form 1310, you just answer the questions and the refund check is issued to the personal representative in their name ?

The deceased's checking account is still open with all 3 children's names also on the account.

Any way to have the refunds direct deposited into that account ?

 

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I had this last year and it's a doozy. Took the IRS until March this year to pay the refund which I'm guessing is because they were waiting to see if anyone else requested the refund. I honestly could understand the point - what if a kid files late and has proof they are the court appointed executor?

 

And yes the check came in the name of the person we listed on the form.

The problem I had was that the IRS basically refused to talk about the return with anyone because the client is deceased and the court didn't appoint someone as executor. The client checkbox is meaningless if the client is deceased. Even Power of Attorney is worthless the second the client dies (for the IRS).

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6 hours ago, Roberts said:

I had this last year and it's a doozy. Took the IRS until March this year to pay the refund which I'm guessing is because they were waiting to see if anyone else requested the refund. I honestly could understand the point - what if a kid files late and has proof they are the court appointed executor?

 

And yes the check came in the name of the person we listed on the form.

The problem I had was that the IRS basically refused to talk about the return with anyone because the client is deceased and the court didn't appoint someone as executor. The client checkbox is meaningless if the client is deceased. Even Power of Attorney is worthless the second the client dies (for the IRS).

POA's are worthless for everything to everyone when the person dies.  POA's die with the person.

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On 5/3/2018 at 5:02 PM, cbslee said:

Pleasantly surprised. I efiled these returns after lunch and they have been accepted.

Now I can wait and see if the direct deposit instructions are followed ?

I just double checked and both federal and state refunds are scheduled to be direct deposited next week.👏

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