My mother passed away in March 2021, prior to filing her tax return for 2020. She did leave a will and assigned me as executor of her estate.
i did provide everything to the county and received the short certificate.
I also applied for a tax EIN to have her money moved into an estate account at the bank under the tax of number.
When preparing her taxes for 2020, it said to also file a form 1310, but the form asks for the name of person claiming refund and their social security number (not the estate and tax EIN).
Since the refund is going into the estate account to be split up between my siblings, shouldn’t it be my name and EX for executor and the tax EIN?
I also see there is a form 1041 for filing. I am so confused because nothing is being distributed until her home is sold.
since she passed in 2021 would the 1040 be filed for this year and the 1041 be filed for next year? Her will states everything is to be liquidated. We hope to sell the home within the next few months.
I have researched it for hours and only get more confused.
Any assistance provided is greatly appreciated!
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That 1310 form is so the check will be made out to you as the executor instead of the estate of your mother. You should be able to endorse the check and deposit it into your mother's estate account no matter what so the form is sort of irrelevant.
You don't have to file a 1041 until the estate has income or gain and you can pick your tax year when filing the first return so you don't need to do anything until such time as the estate has income of $600 or more.
Thank you for your response! I wasn’t sure if it would affect my income taxes next year having to claim the refund.
you don't claim the refund.
Since you are the executor, check box B on the form and fill out part II correctly.
any refund will go in the estate bank account.
See the form - you can e-File and mail the form separately.
BUT, e-File for or with a decedent often gets rejected and you have to file on paper anyway.
Thank you so much! That is what I did, that is where I get confused because it asks for my social security number not the tax ID # for the estate.
i just want to make sure I will not have to pay the tax on the refund.
Thank you for your assistance! I am just confused as to why I do not list the tax ID # for the estate in the space for name of person claiming refund. The instructions said do not list the tax ID for the estate.
It looks as though I do not need to file the form 1310, per the IRS website: If a refund is due to the decedent, it may be necessary to file Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer with the return. If you're a surviving spouse filing a joint return, or a court-appointed or court-certified personal representative filing an original return for the decedent, you don't have to file Form 1310. Court-appointed or court-certified personal representatives must attach to the return a copy of the court document showing the appointment.
It looks as though I just need to file by mail and include the Executor Short Certificate
@jfear That's fine and correct but only because there is an estate bank account in which to deposit the refund.
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