Sign Up

Why sign in to the Community?

  • Submit a question
  • Check your notifications
or and start working on your taxes
cancel
Showing results for 
Search instead for 
Did you mean: 
MaxEagle
Level 2

Father died - can I still file for him if I'm missing documents?

 

My elderly father passed away.  He had a live in girlfriend, he basically was her sugar daddy.  Our relationship was almost non-existent, however, he did leave us his 'shack' he lived in.   I was planning to file his final taxes and mark it as he's deceased, but we really won't get any paperwork since she's hording everything.   So we won't have any Social Security forms or from his retirement fund from where he worked.   She's a snake and I just don't want her stealing more from him than what she has already taken.  I don't care if there's a refund available, it won't be much, I just don't want her filing an gaining anything.  So I was hoping to just file a form, mark it deceased.  We don't know how they have filed in the past (joint or single) but they are NOT married.  Very complicated situation.   

7 Replies
BillM223
Employee Tax Expert

Father died - can I still file for him if I'm missing documents?

I suggest that you hire an attorney to look after your interests. For example, did the live-in have a signed Power-of-Attorney (POA)? Did the live-in report your father's death (i.e., was she going to continue to collect his SS checks by not reporting his death?)? Who has property rights to his home? Can you have a court declare that you are the executor of his estate? There are many questions here that go far beyond the tax issue.

 

Just marking him as deceased on his return will not solve most of your issues; I suggest consult an attorney instead.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
MaxEagle
Level 2

Father died - can I still file for him if I'm missing documents?

Thanks for your response. 

The girlfriend has nothing, no POA.  The funeral home notified SS, and we verified that.  We closed his bank personal account as well as notified his company's pension dept he retired from to halt those payments.  I'm sure she would've kept on receiving payments if she could have..  We are at the point of searching for a lawyer.  I think the tax thing will put us there, and to be be declared as executor of the estate.       

fanfare
Level 15

Father died - can I still file for him if I'm missing documents?

His girlfriend does not sound like the kind of person who would file a final tax return.

 

You can file as personal representative without being appointed, although that would help. Without a will that would be a somewhat tedious process.

If there was a will, an executor was named.

 

As representative you have to collect his financial statements and settle his affairs. Do you want to do that?

 

If there were tax deferred accounts (IRA for example), and he put her as beneficiary, there's nothing you can do about it.

Opus 17
Level 15

Father died - can I still file for him if I'm missing documents?


@MaxEagle wrote:

Thanks for your response. 

The girlfriend has nothing, no POA.  The funeral home notified SS, and we verified that.  We closed his bank personal account as well as notified his company's pension dept he retired from to halt those payments.  I'm sure she would've kept on receiving payments if she could have..  We are at the point of searching for a lawyer.  I think the tax thing will put us there, and to be be declared as executor of the estate.       


First of all, even if a power of attorney existed, it dissolves upon death.  You can't use a POA to act for a deceased person, so that's irrelevant.

 

It sounds like you want to file a return just to block the other person from also e-filing a tax return.  I think this is probably a bad idea, because it will almost certainly be wrong or incomplete, and amended returns are taking up to a full year to process.  You want to get this right, not rushed.

 

No one can legally file for a deceased person without a declaration that they are the person's executor or personal representative.  Typically this is done by signing your name to the tax return on paper with "personal representative" next to it.  To get a deceased person's tax refund sent to you, you must file a form 1310 with your tax return, and that also requires a declaration that you are appointed their personal representative, and you can't e-file this form.  You must mail it (with a full return or separately after e-filing the main return) and attach a copy of the court order designating you as the personal representative.

 

So there is not too much worry that someone else could claim your father's tax refund, and lots of ways to prove the person was wrong if they tried to do so.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
MaxEagle
Level 2

Father died - can I still file for him if I'm missing documents?

Thank you for your response. 

We're going take all this information and form a decision.  We were about 85% ready to get a lawyer and  I think with this information we're at 100%.

 

We shall see how this unfolds..

 

 

 

Opus 17
Level 15

Father died - can I still file for him if I'm missing documents?


@MaxEagle wrote:

Thank you for your response. 

We're going take all this information and form a decision.  We were about 85% ready to get a lawyer and  I think with this information we're at 100%.

 

We shall see how this unfolds..

 

 

 


You need to be declared as his executor or personal representative.  In many states, if the estate is small, this can be done without an attorney by filing a simple form with your county court.  It may not be needed to get an attorney.  Good luck. 

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
fanfare
Level 15

Father died - can I still file for him if I'm missing documents?

Don't die without a will. It just makes a mess for those you leave behind.

Dynamic AdsDynamic Ads
Privacy Settings
v