form 1310 for both on mfj?

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  • Possi
    Senior Member
    • Mar 2006
    • 1432
    #16
    Estate account

    The deposit IS going to an estate account. Do I need the 1310 at all in this case? I thought I did since neither one of them are alive.
    "I am proud to pay taxes in the United States. The only thing is I could be just as proud for half the money." Arthur Godfrey

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      • Burke
        Senior Member
        • Jan 2008
        • 7068
        #17
        Yes, the 1310 will still be required since neither is alive to sign the return. I still think it should go into his estate account, as due to the fact that he died last, the funds would have belonged to him if they are filing a joint return. If the administrators want to split the refund, that's up to them after it has been received from the IRS. Or they can prorate it according to who paid the taxes. Did you run the numbers on MFS? Would it make a lot of difference? That would solve the problem.

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          • taxea
            Senior Member
            • Nov 2005
            • 4292
            #18
            regardless of whether two estate taxes need to be done and then a mfj you still can have one rep be designated for the 1310. And again be sure the rep files a separate F56
            Believe nothing you have not personally researched and verified.

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