Deceased taxpayer

[Earl]

Taxpayer died in January 2009. There is no court appointed person to handle estate. No family live close or want to handle affairs. Room mate has taken it upon himself to take care of everything including filing 2008 tax return.

What will be required for the roommate to handle this? Can he handle this or should the family be advised to handle? If roommate has power of attorney to handle affairs but tax preparation not spelled out in power of attorney would it make any difference.

If roommate can handle affairs what needs to be done for IRS purposes?

[TaxLadyinPA]

My two cents

I believe the P.O.A. ends with the death.

I also believe that because he is not a spouse he needs to be court appointed and most likely will need to contact a lawyer.

But don't believe everything I say

[Burke]

It depends on your particular state, but in my state if no one has been appointed a personal representative or executor after 60 days anyone may contact the court for appt as a personal representative. A lawyer does not need to be involved. Whether they will do it or not when there is family, is another matter. The POA is of no consequence. It expired at his death. And he will need the court appt to file the tax returns, especially if a refund is involved.

[Larmil]

Taxpayer died in January 2009. There is no court appointed person to handle estate. No family live close or want to handle affairs. Room mate has taken it upon himself to take care of everything including filing 2008 tax return.

What will be required for the roommate to handle this? Can he handle this or should the family be advised to handle? If roommate has power of attorney to handle affairs but tax preparation not spelled out in power of attorney would it make any difference.

If roommate can handle affairs what needs to be done for IRS purposes?

First I would print out IRS Pub 559. You might give a copy to roommate and keep a copy for yourself. [Sorry, Black Bart- this is how I do it - no quick easy answers]. Your situation is not uncommon. Just make sure the roommate knows his responsibilities by 'taking it upon himself'.