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Level 1
posted Feb 17, 2022 4:00:44 PM

Will a will or general POA work to get rebate from IRS?

My aunt died last year.  The only thing we have is a will and a general power of attorney.  Will that be enough to send the IRS for her tax rebate?

0 5 761
5 Replies
Level 15
Feb 17, 2022 4:43:15 PM

Is your aunt due a refund? If so, are you the personal representative of her estate?

 

A POA is void upon the death of the principal (that would be your aunt).

 

You might want to read through IRS Publication 559.

 

https://www.irs.gov/publications/p559#en_US_2021_publink100099488

Level 15
Feb 17, 2022 5:06:54 PM

sorry for your loss. you file form 1310.

here's a link to the form 

you should not need to send will or POA

read the instructions on where to file.

with Turbotax you can not e-file the form.

either mail the return with form 1310 (must be signed)

or e-file the return and follow the instructions for where to file the 1310

  

https://www.irs.gov/pub/irs-pdf/f1310.pdf 

 

Expert Alumni
Feb 17, 2022 5:20:39 PM

If your aunt died in 2021 and did not receive the third of the Economic Impact Payments, she may be eligible for the 2021 Recovery Rebate Credit if she met the eligibility requirements while alive.  You will have to file a tax return for your aunt in order to receive the credit as a tax refund.  The person in charge of the estate is responsible for making sure the tax return is filed. This could be the executor, spouse or anyone else in charge of the decedent’s property.

Level 1
Feb 20, 2022 2:51:05 PM

Thank you very much. That is what my turbo tax software is saying. Just wanted a second opinion. 

Level 1
Feb 20, 2022 2:54:09 PM

That’s what my TurboTax software was telling me but just wanted to make sure. Thank you very much.