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August 6, 2024
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IRS refund for deceased taxpayer

  • August 6, 2024
  • 2 replies
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I was caregiver & had all POA's for my friend. He passed away on April 1, 2024. I filed his 2022 personal tax return in May, 2024. The IRS sent a notice shortly thereafter, saying they needed more information because their records indicated the taxpayer was deceased. As instructed, I filled out a form 1310 and submitted it, along with the certified death certificate. On the 1310, I checked box "C", certifying that I was NOT court appointed & completed Part II. As of August 5, 2024 they are still processing that return. They have had everything they asked for for 3 months. It's also confusing as to why a 1310 had to be filed at all. The return was for 2022 and the taxpayer didn't die until 2024. How should I proceed? The phone #'s for customer service put me thru to people who have no idea how to help me with this.

Best answer by M-MTax

Condolences on the passing of your friend but the POAs are invalid upon his passing.

You have to file a 1310 in your position since you're claiming a refund due a deceased taxpayer....the year doesn't matter.

You can try calling the IRS but you won't get them to act any quicker than if you don't call. 

There are folks who have waited months and months for the IRS to process 1310s.

 

2 replies

M-MTax
M-MTaxAnswer
August 6, 2024

Condolences on the passing of your friend but the POAs are invalid upon his passing.

You have to file a 1310 in your position since you're claiming a refund due a deceased taxpayer....the year doesn't matter.

You can try calling the IRS but you won't get them to act any quicker than if you don't call. 

There are folks who have waited months and months for the IRS to process 1310s.

 

Employee
August 6, 2024

Form 1310 is required to be filed whenever a refund is being claimed on behalf of a deceased taxpayer.

 

As M-MTax said, 3 months is likely too soon to expect the refund to be processed.