treasur2
Level 3
‎12-06-2019 04:36 PM

Client's mother died. She was a widower. There is no will, just a living trust. Which includes a statement indicating my client's sister to be the "primary" personal representative.

The wording in the trust does include "personal representative". But when I walk through 1310. I have to answer no to "is there a will" and no to "court-appointed".

So, am I stuck with paper filing? Yes, there is small refund.

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George4Tacks
Level 15
‎12-06-2019 04:36 PM

Box C - As the trust probably also names a successor TRUSTEE. 

Generally a trust has a pour over will, so I would say YES to #1. 

2 a & b are NO.

3 is  YES

https://accountants-community.intuit.com/articles/1610336-e-file-single-deceased-taxpayer

Be sure to have a signed copy of the 1310 before filing. 


Answers are easy. Questions are hard!

View solution in original post

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treasur2
Level 3
‎12-06-2019 04:36 PM
You are correct. Forgot about that. Yes I was told there is a pour over will.  

So I've read this "yes, no, no, yes" scenario is acceptable for electronic filling. But, will IRS accept 1310 without a signature. Just the words printed below it "valid proof of death is in my possession"?
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George4Tacks
Level 15
‎12-06-2019 04:36 PM
Signing the 8879 is considered signature on the 1310. I typically get a client signature, but it appears to not be a requirement. I also attach the death certificate, even though it does not seem to be a requirement. I would rather send too much than too little.

Answers are easy. Questions are hard!
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treasur2
Level 3
‎12-06-2019 04:36 PM
Just to confirm.  So you attach the death certificate in pdf or something and file the whole package electronically?
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