Question

Father died - can I still file for him if I'm missing documents?

Forum|Forum|4 years ago
January 11, 2022
1 reply
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My elderly father passed away. He had a live in girlfriend, he basically was her sugar daddy. Our relationship was almost non-existent, however, he did leave us his 'shack' he lived in. I was planning to file his final taxes and mark it as he's deceased, but we really won't get any paperwork since she's hording everything. So we won't have any Social Security forms or from his retirement fund from where he worked. She's a snake and I just don't want her stealing more from him than what she has already taken. I don't care if there's a refund available, it won't be much, I just don't want her filing an gaining anything. So I was hoping to just file a form, mark it deceased. We don't know how they have filed in the past (joint or single) but they are NOT married. Very complicated situation.

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BillM223

I suggest that you hire an attorney to look after your interests. For example, did the live-in have a signed Power-of-Attorney (POA)? Did the live-in report your father's death (i.e., was she going to continue to collect his SS checks by not reporting his death?)? Who has property rights to his home? Can you have a court declare that you are the executor of his estate? There are many questions here that go far beyond the tax issue.

Just marking him as deceased on his return will not solve most of your issues; I suggest consult an attorney instead.

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M

MaxEagleAuthor

Thanks for your response.

The girlfriend has nothing, no POA. The funeral home notified SS, and we verified that. We closed his bank personal account as well as notified his company's pension dept he retired from to halt those payments. I'm sure she would've kept on receiving payments if she could have.. We are at the point of searching for a lawyer. I think the tax thing will put us there, and to be be declared as executor of the estate.