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New Member
posted May 31, 2019 5:48:52 PM

The deceased had no estate, no probate, no assets. mother is in a nursing home and is incoherent. can a sibling file for taxes and a refund?

there is no estate, executor, or any assets. filing for state is difficult if you use turbo tax.

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10 Replies
Alumni
May 31, 2019 5:48:53 PM

Who is the deceased?  (For example, is it mother's husband?)

Level 15
May 31, 2019 5:48:54 PM

Did deceased have any income?

New Member
May 31, 2019 5:48:55 PM

Deceased is brother, limited income.

Level 15
May 31, 2019 5:48:58 PM

Was he married?

New Member
May 31, 2019 5:48:59 PM

No, and no children

Level 15
May 31, 2019 5:49:01 PM

You will need to check with your state law.  Generally, the tax return for a deceased person can only be filed by that person's legal representative.  If the deceased was married, the spouse would automatically be allowed, but if the deceased was not married, then someone has to follow your state law to appoint a representative.  In the case of a person with a small or no estate, and no disagreement among the surviving relatives, it may be a simple form that you fax to the county clerk's office or the clerk of the probate court.  Look on your state's government web site for information about small estates.

New Member
May 31, 2019 5:49:04 PM

Only the person that has control over the mother's estate, who has power to do so;but you will need to speak with an attorney.

Alumni
May 31, 2019 5:49:05 PM

Mom doesn't have an Estate as she hasn't died.  She's in a nursing home and is incoherent.  Under those circumstances, a Durable Power of Attorney holder can act for her.

Level 15
May 31, 2019 5:49:07 PM

Except the deceased is the taxpayer's brother.  The mother *might* automatically be the designated representative under the laws of this particular state, but might not.  Check your state laws on probate of small estates.

Alumni
May 31, 2019 5:49:09 PM

If Dad (or mother's husband) was the decedent, then Mom can claim the refund as surviving spouse.  If Mom is not competent, does anyone have a Durable Power of Attorney from Mom so that can do that for her?