Best way to file - if at all

[thomtax]

Received a call from a lady friend who is 80+ of age. She is the widow of a deceased pastor and inherited this situation. I have my own ideas on the subject, but they will involve more effort that the benefit is worth.

A church member lady asked the pastor to look after her daughter after the woman died. The daughter is completely "out of it" and cannot write or do anything for herself. The daughter's situation was such that the professionals did not expect her to live a long time. A little over a year ago, the mother died at the age of 103, leaving the daughter who is now 77. In her will, she specified that care of daughter would be handled by pastor, now deceased, and wife friend inherited the responsibility. She has not been named a guardian or anything.

As I understand it, no action was ever taken in court. There is a checking account in the daughter's name, with the friend being a signer. The 1040A for stimulus rebate was filed by the friend looking out for her interests and signed with the taxpayer's name with the notation "by responsible party. The rebate was not given, but a POA form was mailed to be completed. The daughter cannot sign this form and since there was no court action, there is not anything to send in as a substitute.

Sorry for the long post, but is a complicated situation and wanted to try to cover all sides.
It would appear to me that it would have to go to court and get an action and would probably not be worth the $300.

All thoughts appreciated.

[ChEAr$]

I agree

that's about the size of it. Without a valid POA or other court ordered guardianship,
the stimulus return can't be filed.

However now, it is possible for the return to be signed by the 77 years old daughter simply with an "X:, with notation below "Witnessed by (firstname/lastname).

Well that has worked for two or more of my clients in the past.

[FEDUKE404]

Best to let it go

As I understand it, no action was ever taken in court.....In her will, she specified that care of daughter would be handled by pastor, now deceased, and wife friend inherited the responsibility. She has not been named a guardian or anything....

The lawyers definitely need to get into this situation. ("inherited the responsibility" ?)

You did not mention if the 77 YOA had income sufficient for a stimulus payment in the first place.

Otherwise, as ChEAr$ stated, without a valid POA that will be accepted by the IRS, you don't have a dog in this hunt! (Even with the "X" signature, who can discuss her tax case?)

If this is the only issue on the table, for a maximum potential benefit of $300 or so you are probably wasting your/her time.

FE

[thomtax]

Thanks fellows for your thoughts. As I think I said, I was of the opinion that letting it go was the best course of action.

FEDUKE - Inherited Responsibility - is exactly the term that I mean to use. For over a year now the lady has been operating a checking account for the daughter, using the social security benefits to pay the few bill that she has, since she is in a full care facility. The daughter has no relatives to look after her, so even not in a legal responsibility situation, from a good samaritan standpoint, the responsibility has been taken. Sometimes situations just arise that require an action, even if not legitimatized by the legal process.

An example is of a state trooper in NW Arkansas that has been doing the farm work on a small farm for a friend that had an accident and has been unable to work for the past 2 years. He is doing this without pay, but out of a responsibility feelings for a friend. However, there is no legal basis for anything.

Got longwinded again - Sorry.

LT

[FEDUKE404]

Some further explanation here....

I certainly commend the humanitarian actions of the minister's widow as well as those of the Arkansas trooper. The world needs more people like that.

However, I thought you were essentially asking a tax question as to how to resolve issues for the 77 YOA woman.

The minister's widow can "assist" all she likes, but in many situations she will encounter a firm brick wall without a valid POA, declaration of a guardian, or similar to support her role. While I'm far from being an attorney, my best observation is the woman is incapable of making her own decisions to include filing a tax return.

FE

[thomtax]

Explanation

I certainly commend the humanitarian actions of the minister's widow as well as those of the Arkansas trooper. The world needs more people like that.

However, I thought you were essentially asking a tax question as to how to resolve issues for the 77 YOA woman.
FE

You are correct about the tax question.

As to the humanitarian actions part, I was merely trying to explain the reason for my choice of words.

It's not a criticism, but I guess that we sort of have the same situation as my wife and I.
When I say something I think I am getting one point across and she interprets it as something completely different.

Either way, I appreciate you taking time to reply.

LT

[erchess]

Could a lawyer not be found?

I would have thought that there might be a good Samaritan lawyer who would legitimize things without charging a fee or that even the nearest legal aide office might take care of things. I quite agree that the stimulus is not enough money to be grounds for incurring legal fees and I quite agree that OP can't touch the filing without all legalities in place. However it distresses me to think that there is not a lawyer who will contribute a small amount of time pro bono publico.