A tax Q asked on behalf of my boyfriend's mother.concerning a problem depositing a deceased spouse's check?
When the refund check arrived, she took it to the bank where she and he had a joint account, but the bank refused to let her deposit the check, saying that she had to mail it back to the IRS and have them issue a new check in HER name.
Is this a bank policy, or is there some rule about this? BTW - she had the taxes prepared by an outside source, and she says they never mentioned to her that she may have trouble depositing the check....
And we live in Texas, if that makes any difference...
Any feedback would be MUCH appreciated!!
Answer:
Generally, the person who is filing a return for a decedent and claiming a refund must file Form 1310 (PDF) , Statement of Person Claiming Refund Due a Deceased Taxpayer, with the return. However, if you are a surviving spouse filing a joint return, or a court appointed or certified personal representative filing an original return for the decedent, you do not have to file Form 1310. Personal representatives must attach to the return a copy of the court certificate showing the appointment.
You need to send the check back with the form 1310
http://www.irs.gov/taxtopics/tc356.html...
Did she have a power of attorney? She should have done a joint return in order to file as a survivng spouse.
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