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Level 2
posted Mar 8, 2022 10:37:14 AM

Parent to passed away

My mother passed away in 2021. She was widowed. I have a notarized Power of Attorney from 2004. State of Florida does not require it be recorded with the state.  Can I file her taxes and be done, she did not have any assets. Everything on line says I need something from the courts.

 

Thank you for any help you can provide.

0 3 651
3 Replies
Expert Alumni
Mar 8, 2022 10:48:57 AM

The IRS has a quick  How Do I File a Deceased Person program. It is very detailed and may give you additional information.

I am very sorry for your loss.

 

It should include: 

Although no personal representative has been appointed by the court or designated by the will, the person in charge of the decedent's property is treated as the personal representative. Write the decedent's name on the name line of the return and the personal representative's name and address in the remaining space. The person in charge of the decedent's property must file and sign the return(s) as "personal representative". The return(s) must be filed with the Internal Revenue Service Center for the state in which the "personal representative" lives.

 

The person who is filing a return for a decedent and claiming a refund must file Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer, with the return(s).

Level 2
Mar 8, 2022 11:37:36 AM

Thank you AmyC

I'm going to file my moms taxes apply for the refund. Do you know can I efile her taxes with Turbo tax? And can I use my bank account info for the refund or do I need to request a check mailed?

 

 

Expert Alumni
Mar 8, 2022 1:10:42 PM

Yes, the IRS will allow tax returns for deceased taxpayers (also called decedent returns) to be e-filed. You can file IRS Form 1310 in TurboTax to claim the tax refund for a decedent return (a return filed on the behalf of a deceased taxpayer).

 

The IRS will honor the direct deposit for the bank account that is entered on the tax return with few exceptions.  It's never a guarantee on any tax return, but it's a rare occurrence when the direct deposit is not utilized when requested.  It's preferred that a taxpayer should deposit into their own account, but it is not required. Source: DianeW

  • If the IRS doesn't Direct Deposit the refund, they'll mail a check.

 

To prepare Form 1310: 

  1. Open the Personal Info section of your return
  2. Answer Yes to I'm preparing this return for Taxpayer, who has passed away and provide the date passed away
  3. Search for form 1310 and select the jump to link
  4. On the Complete a claim for refund screen, select Yes
  5. Continue through the screens. We'll give you the option of paper-filing the form by itself or including it with the decedent's return when filed.

    6.