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Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13281
Experience:  19 Years of Legal Practice Experience in this precise field.
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My husband passed away in Feb 2009. Someone filed a tax return

Customer Question

My husband passed away in Feb 2009. Someone filed a tax return in his name after he passed. I was to get an $1800 refund and he had already received 3400 dollars. Now I have not received mine and 2010 they took my $251 refund and applied to to what HE owes. What recourse do I have and if I get an attorney, can the irs be accountable for my expenses?
Submitted: 5 years ago.
Category: Legal
Expert:  Alexia Esq. replied 5 years ago.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*

Hi,

Do you know who filed a tax return in his name and social, but with that someone's mailing address or bank account?
Customer: replied 5 years ago.
Know nothing about anything. I had no idea until I did not receive my refund. I got on the phone with accountant and IRS, that is how we found out/ They are still looking for me for money. Please Help
Customer: replied 5 years ago.
I have no idea. Had no clue to it had even hapened until I kept getting coupons to owek when I had a refund due..
Customer: replied 5 years ago.
How do you get these SOB'S out of your life?
Expert:  Alexia Esq. replied 5 years ago.
Hi, thank you.

My husband passed away in Feb 2009. Someone filed a tax return in his name after he passed. You need to get a copy of that return and file a police report for theft and identity theft. I would also file fraud alerts with the 3 major credit reporting burearus as well. was to get an $1800 refund and he had already received 3400 dollars. Now I have not received mine and 2010 they took my $251 refund and applied to to what HE owes. What recourse do I have and if I get an attorney, can the irs be accountable for my expenses?
Possibly, but my concern is that you will pay more for the lawyer than the few 000 dollars you have lost, so that may not be ideal. I would speak to the SSA about getting a new SS# (while still ensuring that you get credit for prior years' work and tax payments).

Good luck!

I hope this helps clarify for you.

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