Level 6

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calling the IRS for someone who passed away - no POA (my mother is the one who passed)

Forum|Forum|4 years ago
January 9, 2022
28 replies
223 views

I've never had anyone ask me in the 20 years I have been preparing taxes, so figured I would ask here

My mother passed away on August 6 last year. Her tax return still hasn't been processed. I filed it a week before she passed. My father passed 10 years ago, so it was a single filer.

I don't have an IRS POA for her. I do have a general POA and a medical one, but I don't think the general POA covers it.

I know returns were taking much longer to process last year. But hers was a fairly simple one. So unless it is taking longer because she passed less than a week after I filed, I don't know what the hold up is.

Is this something where if I call they will just help me. Or do i file a POA, sign for her as her POA and include a death certificate. or should I just call, explain the situation and see what they ask for.

I would probably wait until 6 months from the file date (so another 4 weeks) before I do anything. But, figured I would ask now

Thanks for any help

ProSeries Professional

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Best answer by dkh

If you are the Third Party Designee on the return why wouldn't you be allowed to call without a POA ? That's how I would start then if necessary you could send the general POA, etc..

dkhAnswer

Level 15

If you are the Third Party Designee on the return why wouldn't you be allowed to call without a POA ? That's how I would start then if necessary you could send the general POA, etc..

D

DTNY07Author

Level 6

Yes, I am the Third Party Designee. Haven't called for anyone in at least ten years where I didn't have a POA. But, what you are saying makes sense. Thanks for the info.

dkh

Level 15

You're welcome. I frequently call using TPD as my authorization to talk about client's refund status.

BobKamman

Level 15

POA expires when the principal dies. How do you know the return has not been processed -- is a refund expected?

I client who filed in March 2020 died in June 2020. No refund yet issued, but IRS asked for a Form 1310 a few months ago. Meanwhile the 2021 return, filed with a 1310 in March 2021, was refunded in October.

I think the SSN is locked fairly quickly after death.

D

DTNY07Author

Level 6

Yes, a refund was expected. I assume you mean 2020 return in what you wrote, since 2021 would be starting in a couple of weeks. I understand the SS being locked after death. If they asked for a 1310 now, that I would understand. But, they haven't mailed anything to her apartment (and my sister has been getting the mail from there, so it's not like no one has access). Didn't file a 1310 at the time as she was still alive, though her death soon after wasn't unexpected. Not that it matters from when the return was filed, but the bank account I had for the direct deposit, was a joint account with my sister. My sister had been on it for the ten years after our dad had passed, so it wasn't a recent thing

J

johnea

Level 4

same here a wife wants to file her hubby dies last year, het tax papers went with him it seemed tried to get transcripts impossible since the irs lady want his poa along with hers to send it, yes you read it correctly the dead husbands poa. she would not budge, i sent her the widows court appointment and death certificate. she didnt care. i soke to her supervisor who told her to send the transcripts she never did, i filed a formal complaint with thr agency was told they would get fired before her a minority woman and civil servent. so i told the family not to try anymore and wait for them to notify her of non filing and ill file to go to fedeal tax court, my $ 5000 fee waived. i just want her ass in front of a judge. this is what you face now , its us versus them. same with giants like intuit forcing you to comply with their rrules and ideas the license fee a rip off to be paid and renewed every time u want to use a prior yr you already paid for. ty using a cheap over the counter program , 4 to 5 times for the 19.95 it costs u. for 5 uses.

dkh

Level 15

@johnea Ridiculous she would want a POA from a dead man. Can't you call again, certainly you won't get the same IRS agent.

BobKamman

Level 15

Elevate it to Taxpayer Advocate. Helps if you have the names and dates of previous contacts.

D

DTNY07Author

Level 6

I just called now. Third party designee is not enough when a taxpayer has passed away. Have to file a Form 56 Notice Concerning Fiduciary Relationship. And attach things like proof of Death, the General POA I have, etc. I knew this wouldn't be a simple one phone call thing.

This was told to me by the Tax practitioner priority area. I had first tried calling the general 800-829-1040 area to check on the automated refund status there and it says no information available and couldn't be transferred to an operator.

J

johnea

Level 4

anything not to give up dead peoples $$$ are they really ghouls?

D

DTNY07Author

Level 6

Yeah, it's not like my sister or I need this money ASAP. (just the two of us as far as the estate) But, what you are saying is true. That and I have enough reminders about my mom's passing without having to deal with stuff like this. I mean she was 84 with bad dementia, so her passing wasn't unexpected and she went relatively painlessly (and I am grateful for that). But between non tax agencies asking for proof of things where there is no money involved and this, it's annoying/ a constant reminder

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