form 1310 refund

[corinnerichard]

Who can help with this?  client died last year in 2021 age 34 left no will but has both parents still alive, they did not go to court go get appointed as there is hardly any money there. I am doing the parents income tax as well and they have received1099 r's for death  benefits from his work, no problem there/ I worked out son's income tax and he is getting a refund, what boxes do i check on  filing form 1310 for his father to receive the refund.  everytime I do this client gets a letter from irs that its wrong.  any other info you can give me would be great.  Help!! Thanks  

[ATBLLC]

IRS FORM 1310.  If there is no 'will' and you are not going to get a 'court appointed or certified letter of representative', then your only options are the following; to be filled out on IRS form 1310.

1. Fill out Part 1; check box C.

2. Fill out Part II; 1 = NO, 2a = NO, 2b = NO, 3 = YES.

Fill the 1310 (signed and dated by the parent) with his last 1040 to claim the refund. I have filled it this way on one time before and the only time the IRS asked was for a death certificate about 3 months later. The refund was finally released to the parents of my clients.  

NOTE: This worked for my clients and when NO will exist, NO court appointed letter and it was a child of the parents. I can't speak to whether or not this would work in another situation.

[corinnerichard]

Thank you for taking the time to answer me.  It certainly helped, really appreciate it