What Form Do I Need From Executor?

[Lion EA]

A too-young client died suddenly in CT. Her brother/sister-in-law are up from FL for a few days for the funeral and to deal with paperwork; they are working with a local lawyer. They will be appointed co-administrators of the estate, per the lawyer, but the court appointment is at least 30 days away. They/lawyer would like a copy of my client's last tax return. What do I need from them to release a copy?

They hope to get a copy sooner rather than later, so they can search her house and contact her employer, CU, etc., for 2022 and earlier tax documents before they return to FL. They want to know what to look for.

Unfortunately, my client hadn't filed since 2015. She'd call me each year for an extension and promise to drop off her information. She was a school teacher and well over-withheld, so no IRS nor CT letters demanding she file, and I wasn't successful in getting her to give me her tax information, even though we'd have nice chats each year.

I only talked on the phone with the SIL. Assuming I get whatever document or assurance from the lawyer or whatever, then what do I need to do to actually identify that the person I'm going to release returns to is who they say they are? I'll be uploading to my portal or to the lawyer's portal, so again not face-to-face.

[Lee B]

How was she a client if she hasn't filed since 2015?  Were you charging her for each year's extension and a document retention fee?

[Lion EA]

No. She was a client from 2007 or earlier through 2015. (She was a school teacher at the same school where my husband taught.) I had not charged her for extensions from 2016 through 2021. I don't have any of her documents, because I return all original documents and was not scanning everything back in 2015. So, the only thing I have of hers is her electronic copy of her 2015 educator expenses spreadsheet that I hadn't purged yet, probably wanting to keep it for comparison purposes when she would finally bring in her 2016 tax information. (Probably time to purge this year!)

Her sister-in-law called me about filing the unfiled tax returns through 2022 (and perhaps 2023 if it's needed), but won't have her court appointment for at least 30 days. Will my client now be the administrator or the taxpayer on the income tax returns? No matter which, what do I need from the administrator to give a copy of my former client's 2015 tax return to the admin/SIL? Or, to the lawyer? And, what is my due diligence in identifying that the person asking for the return is who she says she is? Do I need something at the ID.me level where she holds up her DL next to her face on Zoom or a cell call? Is the DD the same for a lawyer identifying himself to me?

Would the answers be any different if the taxpayer had never been my client, but someone called to ask about filing her dead sister's 2022 income tax returns? No spouse. What do I need to release a copy of a prior year return or give out information on the phone about what she should look for in the way of tax documents arriving? What do I need to do my due diligence on who this person is that's on the phone?

[kathyc2]

I understand you are trying to be helpful, but what info would you have that would be needed in the next 30 days?  If they are looking for what bank or investment accounts she had, that could certainly have changed in the last 7 years.  In that case how would you know what documents to have them look for?

 

 

[Lee B]

I would wait for the Court Appointment Documents. The Estate represented by the Co-Administrators will be your clients.

[Medlin Software, Dennis]

Wait. Is stinks for those left behind, but thems the rules.

Once appointed, then they can start acting. Until then, the estate must just wait unless there was something setup in advance. I had to go through this as the admin. Waiting for the appointment was a huge liability as there was property being squatted on which was uninsured. But waiting was the only option.

Remember, in restate means any interested party can file for admin, depending on state law. 

[Lion EA]

When I can talk to the admin, I'll be able to tell her, based on my annual conversations with her sister-in-law, that her sister's largest income is from the school district where she taught, and that all her income and deductions are associated with that income by retirement contributions, donations, (in appropriate years unreimbursed employee expenses), credit union interest, HSA, etc., and direct her to the right office/best employee in the district office. But that step needs to be done by the admin in person, and they need to get back to their home/work in FL next weekend. (Probably can't do that step until they have court papers, but my old client's lawyer was hopeful that they'd be able to collect some of the tax documents this week.  Maybe he was talking about paperwork that's at the house.)

SIL/brother are just trying to get the refunds to help their mom. The deceased lived with and cared for their mom (dad passed away years ago), so without that income stream and volunteer help from her daughter, mom is stressed. (Brother with wife, college kids, mortgage, etc., has had less to send mom each month than his deceased sister had.) 

[Medlin Software, Dennis]

This is a public viewable forum, so if the potential admin(s) do some self searching, they may see what is forthcoming from you (wink).

[Lion EA]

I think they're still in shock over the sudden death of a healthy, active woman. (Not a recent vaccination!!) But if they can gain some help from my general comments, then I've helped some of my husband's coworkers' family.

[Medlin Software, Dennis]

While is should go without saying, if there is any even .000001% of an opening to share appropriately, strongly suggesting getting a qualified probate attorney involved.  They can expedite things (court filings) and their fee will be sell spent money.  I've now done more intestate estates than most non-lawyers do (3), and they were each very complicated.  I still would not do so on my own.  Most are "scared" of the cost.  The cost in most/all? states, is et by statue, essentially the same amount the admin is eligible to be paid.

[Lee B]

The cost varies quite a bit from state to state. Oregon is fairly reasonable.

[Lion EA]

I launched into my "get an estate lawyer" speech, but they've already done that and he's filed whatever CT courts need to appoint the co-administrators and alerted them to the wait for the court to act. It sounds like the deceased did have a will plus beneficiaries listed on her retirement accounts and credit union.

[Max W]

On 1/23/2023 at 10:53 PM, Lion EA said:

I launched into my "get an estate lawyer" speech, but they've already done that and he's filed whatever CT courts need to appoint the co-administrators and alerted them to the wait for the court to act. It sounds like the deceased did have a will plus beneficiaries listed on her retirement accounts and credit union.

I was going to ask if there is a will- and so there is.  The will should have named an executor and been notarized..    If you can find out who that is, then you can send them a form 56 which will allow the executor to signoff on a 2848.    When you have that you can then call PPL and fax them the forms along with the notarized will.   

The CT probate will have to confirm the person named in the will as executot unless there is some controversy involved.

[Lion EA]

Thank you!

[Lee B]

After reading the instructions for Form 56, it's not clear to me which box you would check under "Section G Authority"

without waiting for the Court Appointment Documentation?   Just trying to reduce my level of confusion.

 

[Max W]

17 hours ago, cbslee said:

After reading the instructions for Form 56, it's not clear to me which box you would check under "Section G Authority"

without waiting for the Court Appointment Documentation?   Just trying to reduce my level of confusion.

 

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