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Level 2
March 24, 2023
Question

Deceased Tax Returns

  • March 24, 2023
  • 2 replies
  • 20 views

Taxpayer (my daughter-in-law) has POA for single father who is in long term care.  Father passes in February 2023 and child is named executor of the father's estate.

1. Can the child file the 2022 tax return just using the POA? Can the refund be placed in the bank account in the child's name that has been used to support the father while infirmed?

2. Can this return be electronically filed?

3. Is there anything different about filing the final return?  POA or as executor?

 

    2 replies

    Level 15
    March 24, 2023

    Yes, your daughter in law can sign the return because she has been named the executor. 

     

    The refund can be claimed by her if you file a Form 1310 with the tax return. 

     

    Theoretically this return can e-filed, but in practice decedent returns are frequently rejected for e-file because the Social Security number is flagged as belonging to a deceased person. I would try, but don't be surprised if the return is rejected and you have to print and mail it. 

     

    As far as preparing the return, it is more or less the same as you filing your own taxes. 

    On the screen titled, Your personal info look for the question, "I'm preparing this return for a Taxpayer, who has passed away." Once you answer that Yes, you will be asked for the date.

     

    You will be prompted to complete a Form 1310 to claim the refund. The program will let you know if you need to attach any documents to the return. 
     

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    Level 2
    March 25, 2023

    Thank you so much.