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Refund of Deceased person filing MFS

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    #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
    Tags: None
    #2
    Form 1310 might fit your situation:

    https://www.irs.gov/pub/irs-pdf/f1310.pdf


    Read the instructions to be sure.

    Comment

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

      https://www.irs.gov/pub/irs-pdf/f1310.pdf


      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

        #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

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

          Comment

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

            Comment

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