Filing for client who died in 2012

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  • thomtax
    Senior Member
    • Nov 2006
    • 1276

    #1

    Filing for client who died in 2012

    I am filing the TY2011 return for a client who died in 2012, before filing their return. They will have no tax liability or refund, but did have $53,00 of sales through a brokerage firm. An executor has been appointed by the court and I have copies of that paperwork.

    Can the executor sign the 8879 and we electronically file or do I need to follow another procedure?

    Thanks for your help.

    LT
    Only in government or politics is a "cut in spending" really an increase. It's just not as much of an increase as they wanted it to be, therefore a "cut".
  • erchess
    Senior Member
    • Jan 2007
    • 3513

    #2
    I need to know too

    My client who died in a given year filed as deceased but jointly with his wife for the year before and the year of death. She signed as surviving spouse and we efiled and everything went well.

    I'm guessing that your late client isn't filing jointly with anyone so I don't know the answer but I need to find out because I do have a client who died this year and I still have his return for 2011 and obviously his return if any for 2012. He was married but separated and I don't think his would soon have been x would agree to file jointly with him and their only child is grown (though she did live with him and receive all her support from him) so he's looking at MFS.

    Comment

    • Gary2
      Senior Member
      • Aug 2010
      • 2066

      #3
      Has Form 56 been filed? I believe that should be filed first, but I'm uncertain as to whether there's any necessary waiting period between filing the Form 56 and e-filing the return.

      Comment

      • Burke
        Senior Member
        • Jan 2008
        • 7068

        #4
        I don't believe a Form 56 is required for a court-appointed executor, but it is required that the court document be attached to the return. It is not something you can atttach to Form 8453.
        Last edited by Burke; 05-31-2012, 05:26 PM.

        Comment

        • Burke
          Senior Member
          • Jan 2008
          • 7068

          #5
          Originally posted by erchess
          I'm guessing that your late client isn't filing jointly with anyone so I don't know the answer but I need to find out because I do have a client who died this year and I still have his return for 2011 and obviously his return if any for 2012. He was married but separated and I don't think his would soon have been x would agree to file jointly with him and their only child is grown (though she did live with him and receive all her support from him) so he's looking at MFS.
          His executor or personal representative (whether appointed by the court or not) has to sign on his behalf. If there is a court apptmt, it must be attached to return.

          Comment

          • taxea
            Senior Member
            • Nov 2005
            • 4292

            #6
            Originally posted by thomtax
            I am filing the TY2011 return for a client who died in 2012, before filing their return. They will have no tax liability or refund, but did have $53,00 of sales through a brokerage firm. An executor has been appointed by the court and I have copies of that paperwork.

            Can the executor sign the 8879 and we electronically file or do I need to follow another procedure?

            Thanks for your help.

            LT
            Yes F56 also should be filed.
            Believe nothing you have not personally researched and verified.

            Comment

            • thomtax
              Senior Member
              • Nov 2006
              • 1276

              #7
              Thanks to everyone for your replies.

              LT
              Only in government or politics is a "cut in spending" really an increase. It's just not as much of an increase as they wanted it to be, therefore a "cut".

              Comment

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