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2024 Federal and State E-Filing for Decendent

Hi - I am getting ready to e-file my deceased mother-in-law's returns with T-T.

 

T-T will allow to e-file her Federal return however, in the state of IL, a hard copy needs to be mailed w/death certificate I imagine because of a refund due.

Both returns have a refund due and T-T directed me to fill in both respective 1310 forms.

My wife will be the claimant of the refunds (and note: she is not court-appointed, no will - was superseded by family Grantor Trust).

1.) T-T will e-file the federal return, but the PDF saved does not show in the signature box section a name (i.e. as in my wife's name as the "personal representative").  I assume this is because it is getting e-filed and the signature box section is left blank except for noting "self-prepared" under the Paid Preparer Use Only section as T-T always does when e-filing any return.

Also, Pub 559 pg. 5 states "If a joint return isn't being filed, write the decedent's name in the name field and the personal representative's name and address in the address field".

Although the mailing address is the same for the deceased and my wife, T-T didn't add my wife's name in the address field section as the personal rep. (not sure where it would have anyway since there is no room).

  • Is this OK that I do not see my wife's name within the address line on the PDF copy since T-T is e-filing on my behalf anyway and is most likely covering this requirement with the IRS?
  • Is it ok to have the refund directly deposited into my mother-in-law's checking account which is still open instead of having it deposited into my wife's account?

2.) As for the IL state filing by mail, obviously my wife can sign and date as the "personal representative".

  • Is "personal representative" as her signature title acceptable (as it was noted in federal Pub 559 pg. 5 - If no personal representative has been appointed and if there is no surviving spouse, the person in charge of the decedent's property must file and sign the return as “personal representative.”)?
  • and the same thing as above, is directly depositing into the deceased's account ok?

 

Thank you.

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3 Replies
MarilynG1
Expert Alumni

2024 Federal and State E-Filing for Decendent

When TurboTax prepares Form 1310 for your deceased MIL's return, it will be included in the Efile of the Federal return.  In your PDF file, if Form 1310 looks correct, no other signature is needed.  I'm not sure what you mean by 'TT is Efiling on my behalf'?   The Federal return is being filed by your wife (as Personal Representative) on her deceased mother's behalf.

 

I would recommend having the refund direct deposited into an account that has your wife's name on it.  If she is on the same account as her mother, it should be fine to direct deposit it there.  If she isn't, the refund should be deposited in an account that does, or the bank may refuse the deposit.

 

Yes, your wife can sign as Personal Representative on the mailed Illinois return (per the Form 1310).  The same advice applies to the IL Refund as Federal refund.

 

Sorry for your loss. 

 

@carriskoul 

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2024 Federal and State E-Filing for Decendent

Thank you so much MarilynG1!

 

Allow me to clarify as I may not have phrased the following very well.

 

"Although the mailing address is the same for the deceased and my wife, T-T didn't add my wife's name in the address field section as the personal rep. (not sure where it would have anyway since there is no room).

>>>Meaning on the 1040-SR (not the 1310 form).<<<.

Pub 529 states "....., write the decedent's name in the name field and the personal representative's name and address in the address field".

  • Is this OK that I do not see my wife's name within the address line on the PDF copy "of Form 1040-SR" since T-T is e-filing on my "wife's/MIL's" behalf anyway and is most likely covering this requirement with the IRS?

>>>Meaning e-filing via the T-Tax software for them, not me personally.<<<

 

Thank you once again.

BrittanyS
Expert Alumni

2024 Federal and State E-Filing for Decendent

When preparing the return for a deceased individual, TurboTax should attach form 1310 to the 1040-SR.  This form will have your wife's name on it and will be filed with the return showing your wife as the representative, as MarilynG1 stated above.  Please verify that this form is printed with her return.  If you do not see it, make sure during the interview that the selection was made and that your wife is filing the return for someone who has passed away.  

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