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dylatess, Attorney
Category: Legal
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Experience:  37 plus years representing clients with their legal issues
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I have a durable power of a ttoney for my ex wife that has

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I have a durable power of a ttoney for my ex wife that has a refund from 2011 the IRS said I need a Fiduciary form 56, is this all I need?
Hello and thank you for your question. For over 34 years I have answered questions just like yours. And I look forward to assisting you. YES that is correct as that is the IRS form equivalent of a durable power of attorney. But also make sure that your wife signs the form and has it notarized.
Customer: replied 4 years ago.

My ex -wife is deceased

In that case, the durable power of attonrey that she gave you ended upon her passing. And the fiduciary Form 56 will not work. Instead, you need to go to an attorney and file what is known as a small estate probate. and once it is filed, you will have authority on behalf of her estate to collect the refund.
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