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Level 2
May 21, 2021
Question

Form 2848

  • May 21, 2021
  • 3 replies
  • 13 views

I have to get POA's for a married couple in order to obtain Wage and Income information.  The taxpayer passed away in October.  His nephew and niece have been appointed executor's of his estate.  As far as I can determine, his wife will be his personal representative.  Who should sign his Form 2848?

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3 replies

BobKamman
Level 15
May 21, 2021

Generally "executor" is synonymous with "personal representative," it's just a matter of what term is used by state law.  Those with versions of the Uniform Probate Code prefer PR.  What's going on here?  Has a Form 56 been filed for the estate yet?

sjrcpa
Level 15
May 21, 2021

His Personal Representative/Executor should sign his 2848. As Bob noted, these are the same.

The more I know the more I don’t know.
LaWandabAuthor
Level 2
May 21, 2021

Thank you all for your input.  I found out that his wife had signed over the executorship to the nephew.  He will sign the 2848 and attach a Letter Testamentary to the 2848.  

BobKamman
Level 15
May 21, 2021

Remember the widow is not required to file a joint return and should avoid inheriting a tax debt.  

LaWandabAuthor
Level 2
May 21, 2021

Not to sound uninformed, but can you explain this further?