MargaretMort Posted March 16, 2010 Report Share Posted March 16, 2010 A quick question--well, okay, two questions! Client passed away last fall, friend named to handle everything. First of all, I understand the friend can file the 1040 and sign as personal representative. I have the return done and am ready to move on. Then I think-first big mistake-can it be e-filed? I would guess that if it can be, I would need to have the friend sign a Form 8453? The other question is, the client's house is up for sale. Now, as I understand the situation, the available money has been disbursed to the heirs, there was no need for probate, this friend has just been handling all the wrap-up stuff. What happens when and if the house sells--the local RE market tanked 2 years ago so it could take awhile. I have never handled a situation like this before, usually there is a surviving spouse. I don't believe I need to file a 1041 from my research but I am questioning all my decisions this year and need your expert helps. Many thanks. MM Quote Link to comment Share on other sites More sharing options...
BulldogTom Posted March 16, 2010 Report Share Posted March 16, 2010 So long as the estate does not generate income (as in rents from the house while waiting for it to sell), there is no filing requirement. Why doesn't the fried disburse the fractional interests in the house to the beneficiaries and let them sell it? Tom Lodi, CA Quote Link to comment Share on other sites More sharing options...
MargaretMort Posted March 16, 2010 Author Report Share Posted March 16, 2010 The heirs don't live here nor near here. Glad to know the sale of the house won't create a tax problem. What about efiling? MM Quote Link to comment Share on other sites More sharing options...
Terry D EA Posted March 17, 2010 Report Share Posted March 17, 2010 The only thing I can add is if there is a refund due the deceased, be sure to fill out form 1310 to claim the refund. Quote Link to comment Share on other sites More sharing options...
grandmabee Posted March 17, 2010 Report Share Posted March 17, 2010 A quick question--well, okay, two questions! Client passed away last fall, friend named to handle everything. First of all, I understand the friend can file the 1040 and sign as personal representative. I have the return done and am ready to move on. Then I think-first big mistake-can it be e-filed? I would guess that if it can be, I would need to have the friend sign a Form 8453? The other question is, the client's house is up for sale. Now, as I understand the situation, the available money has been disbursed to the heirs, there was no need for probate, this friend has just been handling all the wrap-up stuff. What happens when and if the house sells--the local RE market tanked 2 years ago so it could take awhile. I have never handled a situation like this before, usually there is a surviving spouse. I don't believe I need to file a 1041 from my research but I am questioning all my decisions this year and need your expert helps. Many thanks. MM It can be efiled Quote Link to comment Share on other sites More sharing options...
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