Deceased Taxpayer

[dammul2000]

I filed my bother's tax return but I never got a check. The IRS says they don't have the right forms to allow me to claim his return or to even talk to me about it. We are not rich people by any means. His return was basic and I sent the form for collection of personal property for an estate of less than $150,000 along with the form 1310. What else do I need to send them?

[MaryK4]

You will need to send the court certificate showing your appointment attached.  You may also want to send an IRS Form 56 .  Form 56 should be filed by a fiduciary to notify the IRS of the creation or termination of a fiduciary relationship.  

A fiduciary is treated by the IRS as if he or she is actually the taxpayer. Upon appointment, the fiduciary automatically has both the right and the responsibility to undertake all actions the taxpayer is required to perform. For example, the fiduciary must file returns and pay any taxes due on behalf of the taxpayer.

[Rocket J Squirrel]

For full information on this situation, see IRS Publication 559, "Survivors, Executors, and Administrators".

[dammul2000]

Still struggling with this. It's been almost 18 months since he passed and still nothing. There was no court certificate. I've been handling his affairs with the form for an estate of $150,000 or less. I sent them that and I did send the form 56 with my relationship notes as heir at law after your message. Thank you. I thought that would do it but still nothing.

[fanfare]

@dammul2000 

you have to file Form 1310.

You don't need court papers if none have been issued.

See Part II lines 2 - 3.  Check the appropriate boxes.

[Anonymous_]

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@dammul2000 wrote:

Still struggling with this. It's been almost 18 months since he passed and still nothing.

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There are certain instances where the refunds in these matters simply take just about forever. 

Provided the proper forms have been filed (particularly Froms 56 and 1310), all you can do is wait. 

[fanfare]

@dammul2000 

If you file 1310 now it may pop your return on to someone's desk and release your refund.

IRS may be waiting for it.

[Anonymous_]

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@fanfare wrote:

If you file 1310 now it may pop your return on to someone's desk and release your refund.

IRS may be waiting for it.

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@dammul2000 stated that a 1310 was filed in the initial post in this thread.

[fanfare]

Oops.