Refund of Deceased person filing MFS

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • lenboush
    Senior Member
    • Jan 2007
    • 107

    #1

    Refund of Deceased person filing MFS

    I have a client who passed away in 2016 at the age of 104. He was separated from his wife and has been filing “Married Filing Separately”. His son is the executor of his estate and expected the refunds to go to him to help pay the final bills of the estate. My software says the refund MUST go to the surviving spouse. I have been unable to find anything that contradicts that, in fact, everything I read seems to support that.

    The wife is nowhere to be found so the refund will just sit there and end up going back to the Treasury. Does anyone have any thoughts of how to enable the son/executor to receive the refunds.

    For the record, there was a will naming the son as both executor and sole heir of the estate.

    Thanks for any thoughts you might have!
    Lennox C. (Len) Boush, EA, FNTPI
    Heritage Income Tax Service, Inc.
    Portsmouth, VA
  • Lion
    Senior Member
    • Jun 2005
    • 4699

    #2
    Form 1310 might fit your situation:



    Read the instructions to be sure.

    Comment

    • lenboush
      Senior Member
      • Jan 2007
      • 107

      #3
      Originally posted by Lion
      Form 1310 might fit your situation:



      Read the instructions to be sure.
      1310 is where I have been running into the snag.
      Lennox C. (Len) Boush, EA, FNTPI
      Heritage Income Tax Service, Inc.
      Portsmouth, VA

      Comment

      • Roland Slugg
        Senior Member
        • Aug 2006
        • 1860

        #4
        F-1310 is not required. Simply attach to his return a copy of the court certificate showing the son's appointment as executor.
        Roland Slugg
        "I do what I can."

        Comment

        • Burke
          Senior Member
          • Jan 2008
          • 7068

          #5
          You will have to paper-file. It cannot be electronically filed.

          Comment

          • taxea
            Senior Member
            • Nov 2005
            • 4292

            #6
            Has son filed F56 with copy of his appointment?
            Believe nothing you have not personally researched and verified.

            Comment

            Working...