Disclosure of deceased clients return

[dkss]

I just received a message from a client in regards to his deceased adult step daughter's returns "for legal reasons", she was also a client. I have not talked to him yet. I have a feeling he is wanting copies of her prior year returns. Can I release copies to him? What docs do I need to cover my a**? Would I need a copy of a court doc showing him as administrator (if he is)? Or something else? Any thoughts would be appreciated! Thanks.

[taxmandan]

You need to verify that he is the Executor of her estate. Either court appointed or by her will. The Executor will have some legal paper making that appointment and you need that before you give him anything.

[erchess]

Slight Correction

In at least some states there can be a person known as Court Appointed Representative who handles the person's tax matters instead of the Executor doing so. I am certain that Dan simply meant that whomever is responsible for her tax issues will have paper saying so and be prepared to provide it before expecting to see anything.

[Jiggers]

Deceased Person's Papers

Be sure that you see and make a copy of the document appointing the executor or representative. He must also sign your disclosure form.

Don't take his word.

I had an elderly widow as a client and she introduced her nephew to me and brought him on numerous trips to my office.

The widow died and he came to me, saying he was the executor and requested copies of prior returns as he was trying to settle her estate and information was needed about investments.

I complied. I even had him sign my release form and he signed as executor.

About a week later I get a call from an attorney representing her neighbor who said he was the executor. The attorney sent me a copy of the will and the court document verifying this. I had to see my own attorney and was told that my signed document kept me in the clear about releasing documents to an unauthrorized person.

What made me really mad was I billed the original person for the copies I made and was never paid. Only about $50, including postage, but I trusted him as I had met him with my elderly widow client.

[dkss]

Thanks for the help

Thank you taxmandan, erchess, and jiggers!! I will be calling my client today, and can be confident in my response!