Filing a return for a deceased person

[BrentM3]

I am listed as an Agent on my mom's Power of Attorney.

Does this make me a court-appointed personal representative?

If so, is it better to mail the tax form and the POA together or is it more efficient e-filing and then mailing the POA to the IRS?

[GeorgeM777]

No, a power of attorney is not the same as being appointed by a court of law as someone's representative.  Moreover, the powers of a court appointed representative will generally be defined in the court order and depending on the court order, may or may not include the power to file tax documents.   

Because it appears that you intend to sign your mother's return as a representative, you must have a power of attorney attached that specifically authorizes you to sign the return.   Because the power of attorney needs to be attached to the return, filing a paper return appears to be your only option.  If your power of attorney does not specifically authorize you to file your mother's return, you can use Form 2848 to accomplish the same result.

@BrentM3

[Lloyd E Tooley]

This is a joint return with my deceased husband [PII removed]

[DianeW777]

If you are asking whether there is anything extra you need to do on a joint return in the year of death, the answer is no. You will file jointly in the year of death so if you are filing with a spouse who died in 2021, then Form 1310 is not required.  If there is a refund it will be issued in the name of the living spouse.  Make sure to enter the date of death in the Personal Information and TurboTax will do the rest.

@Lloyd E Tooley

[Edited: 04/07/2022 | 8:00a PST]

[browniellake]

i sent proff of my wifes death in2021. They also said i must submit form 1310 i did and i have no refund. Cant you help me?

[browniellake]

she had social secuity.

[DoninGA]

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@browniellake wrote:

she had social secuity.

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If the Social Security benefits are the Only income to be reported on the tax return, then there is no reason or need to file a tax return.