return check issued jointly if spouse dies?

[schirallicpa]

Spouse has died before jointly issued IRS check was deposited.  Now need to file 1310 to get check reissued.  What do we do with the first check?

[Abby Normal]

Did the bank actually refuse to deposit the check? Can you e-deposit the check?

[schirallicpa]

The bank refused the check.  I found where we needed to send it back.  We also sent the 1310.

 

[SaraEA]

Surviving spouses do not need to file a 1310 but it's a good thing you sent it anyway.  I had a client who received an IRS notice demanding the 1310, which I replied to by sending them their own form instructions stating surviving spouses don't need to file (and there is no where on the 1310 to check an appropriate box).  I've had not one but two clients who had the checks issued to the deceased spouse.  Both times the IRS apologized, but it mad me angry that these poor people who recently lost their spouses had to go through the hassle.

[Pacun]

On 4/24/2019 at 1:30 PM, schirallicpa said:

Spouse has died before jointly issued IRS check was deposited.  Now need to file 1310 to get check reissued.  What do we do with the first check?

I normally use direct deposit and that covers this issue. I did a joint return last year and efile went through and only the surviving spouse signed.

[schirallicpa]

Unfortunately the spouse died while waiting for the refund check, so there was already a form filed asking for a check.  However, my secretary ran into a similar problem and the direct deposit would not go thru either.