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form 1310

corinnerichard
Level 3

Would appreciate help in this one .  client died end of last year left no will had 3 children, they went to a lawyer and he appointed one of them the executor.  client has a refund for tax year 2021, what boxes do i check,  I may sound stupid but I sure could use the help

thank you

12 Comments 12
PATAX
Level 15

This is not a stupid question. In the past others have asked similar questions about this, and you should check this forum to see the replies, and answer the questions as best as you can for this form.

klimli
Level 3

In any case the estate for the deceased needs to be filed before their final tax return is filed.

Work with the Executor (typically with no will is eldest child).

0 Cheers
Just-Lisa-Now-
Level 15
Level 15
Mark the boxes as they apply.

Not a surviving spouse, not court appointed, so boxes A and B dout count, looks like C it is.

Did they leave a will? you ready answered this as No.
Did the court appoint anyone, will they? You already answered this as No.
So the last one left is #3....will you pay out the refund according to the laws of your state?

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
sjrcpa
Level 15

"In any case the estate for the deceased needs to be filed before their final tax return is filed."

What does this mean?

The more I know, the more I don't know.
klimli
Level 3

redacted - this was not accurate advice.

0 Cheers
IRonMaN
Level 15

I'm glad you asked since I was a wee bit confused by that statement of fact.


Slava Ukraini!
sjrcpa
Level 15

I disagree with everything you said.

The estate does not hold up the filing of the decedent's final return.

The more I know, the more I don't know.
IRonMaN
Level 15

I'll second that disagreement.


Slava Ukraini!
klimli
Level 3

You are correct; however determination of IRD can take awhile or take little time (checks received go into 2 piles - received in lifetime; received after death) because you cannot accurately file the decedents final return until that is done or you risk understating income.

But estate and final decedent aren't forced to be one before the other; however in practice they often are estate then final.

0 Cheers
PATAX
Level 15

I will have to Third and I am just a nerd.

IRonMaN
Level 15

And a poet, but didn't know it 😁


Slava Ukraini!
PATAX
Level 15

I think I missed my calling in life. I have also been told that I should have been a detective. I think Kojak may have been a relative, but I'm not sure since I have a full head of hair.