Deceased Client Mess

[erchess]

My client died 12/20/12. He leaves behind a disabled but mentally competent adult other dependent who lived with him and two grown daughters one of whom will by family agreement get nothing from Dad's very modest estate because he in his lifetime bought the house she still owns and lives in. So basically it seems per his will to fall to the other daughter and her husband to settle the estate. Between the fact that they live in another state and the fact they don't get along with the other dependent it strikes me as highly unlikely I will be hired to do my client's final return. No estate returns will be required but I think Probate was and has been done.

So now, if asked, to whom may I and to whom must I give, copies of the actual returns I filed and copies of the worksheets and so on? The only person to ask so far is this other dependent. She now reveals that she is my client's ex wife. They had told me while the client was alive that his wife died after a long illness. Anyway she is now of the opinion that because she is on disability the fact they divorced will not stop her from drawing a widow's benefit and in her I think wild imagination returns claiming her as a dependent will help her make that case. (I did not discuss SS law with her other than to tell her to get a lawyer.) Can I comply with her request for these papers?

[FredcpaAZ]

I would only give copies of returns to whom ever the will names as the person to admin. the will. and If one is not name, then need a court order. And I would what a copy for my files (cover the behind) before giving out informtion. Also charge a reasonable fee for your time and get paid before information is realsed

[FEDUKE404]

Work with the executor only

Since I assume you are dealing with a NC decedent....

I would not (easily) provide copies of anything to anyone until the correct person presented me with the necessary paperwork. ESPECIALLY in this situation! (Do I hear the sound of banjos on the front porch?)

IIRC, in NC that form is referred to as "Letters Testamentary" and, in so many words, authorizes a person/firm to deal with all matters related to the estate.

This is the relevant NC form that would be signed by a court official. ( NC Form AOC-E-403 )

FE

[Jiggers]

I would work with only the executor or court appointed executor. And get proof of that before you discuss or disclose any information.

Don't take their word for it if they are telling you a person is the executor.

Been there, done that, and I had to consult a lawyer to keep me in the clear.

Client died, no children, her nephew who always brought her to my office told me he was the executor and signed off on the release of information. I made copies of returns, etc. and gave to him.

A neighbor called and advised that he was the executor and I told him to prove it. I didn't know this person. His lawyer called and faxed me the will appointing him the executor and leaving everything to him and not the nephew. I was also advised that I disclosed confidential information to someone who was entitled to it. Whoaaaaaaaa! So I contacted my attorney who call the other attorney and straigtened everything out.

Now I require in writing something that verifies that the executor is who he claims to be.

[erchess]

I am amazed

that her being a dependent on the return does not give her the right to get a copy from me without involving the executrix or the courts. But ty for all the advice.

[thomtax]

that her being a dependent on the return does not give her the right to get a copy from me without involving the executrix or the courts. But ty for all the advice.

As usual, I reserve the right to be wrong. I do not know NC law. But even if a child was being claimed as a dependent, I do not think they would be automatically entitled to a copy of the return without some kind of authorization.

LT

[FEDUKE404]

Needs more than dependency

As usual, I reserve the right to be wrong. I do not know NC law. But even if a child was being claimed as a dependent, I do not think they would be automatically entitled to a copy of the return without some kind of authorization.

LT

I tend to agree, aside from whatever relevance NC law might/might not have in such a situation.

A person, merely listed as a dependent on someone's tax return, would have no standing to obtain a copy of the tax return of the person(s) who actually claimed that person as a dependent.

FE

[S T]

I would only release to the Executor/Executrix or other legal appointed representative - they in turn can release to "beneficiaries" etc

In the past I have had several "beneficiaries" that the "appropriate administrator" of estate/trust has released - but as the preparer - that is not your obligation.

Sandy