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Filing a Fiduciary 1040

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    #1

    Filing a Fiduciary 1040

    Haven't done one of these before. Use form 56 ?
    Taxpayer & spouse filing MFJ. Spouse has become incompetent & is now in a nursing home.
    Taxpayer in January obtained court-ordered guardianship of his spouse.
    Can't seem to find info in TTB on this issue but have reviewed the form 56 instructions.
    If form 56 is appropriate to use, can it be sent PDF with the e-filed return or should it be mailed separately ?
    Thanks for comments.



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    #2
    Does the taxpayer have a valid POA for his spouse?

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      #3
      It is my understanding that they had do-it-yourself wills but no POA's of any type.
      This is why the guardianship was needed & granted to the husband when she became incompetent.
      At this point she is apparently close to death. The husband is also getting a little shaky.
      He'll be going into assisted living at the end of this month (he's beginning to have cognitive issues)
      Their daughter has been working with he & I on gathering documents for their tax filing.
      The husband signed the joint 8879 for both of them (as legal guardian for her) & he also signed the 56 form today .
      Haven't e-filed the return yet, just wanted to see if anyone out there had thoughts on this.
      These are long-time customers. I'm sure I've got their tax return prepared correctly, but ......
      I'm mainly concerned with the 56 as being the way that this should be handled - I don't see an alternative.

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        #4
        The instructions for Form 56 say it "should" be filed, and it "may" be filed in this situation. It doesn't say it "must" be filed or that the fiduciary is required to. I have dealt with many situations involving fiduciaries where this form was never filed. It does no harm, and gives the IRS pertinent information, but it will not hold up processing the return. Sounds like there may be another one soon.....

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          #5
          Pub 17 pg. 21, spouse died before signing: if you don't have administrator, you can sign for your spouse, and enter "filing as surviving spouse" in place of her sig.

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            #6
            terryats : Thanks for your input. Don't know how I missed this.
            Good to have people reading the BB that are paying attention & are willing to respond.
            Still have the issue with the form 56 but as Burke pointed out,
            it appears to be a form that may not have to be sent.
            I'll probably send the 56 in anyway though - it can't hurt.
            RWG1950

            Comment

              #7
              Originally posted by terryats View Post
              Pub 17 pg. 21, spouse died before signing: if you don't have administrator, you can sign for your spouse, and enter "filing as surviving spouse" in place of her sig.
              This is true, but OP did not state spouse was deceased.

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