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Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 12484
Experience:  Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
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My brothers spouse passed away last year and I am helping

Customer Question

My brother's spouse passed away last year and I am helping him file his tax return (file jointly). He wants a paper check from the IRS. Is there a certain form that needs to go with the return that tells the IRS to issue the refund check in my brother's name only.
Submitted: 11 months ago.
Category: Tax
Expert:  Megan C replied 11 months ago.

Customer:

Thanks for asking your question! I'm sorry to hear about your tax issue and I'm going to try my best to help you understand or resolve it.

Customer:

How are you today?

Customer:

I had to do some research, and what I found is that the IRS will issue the check in the name of both spouses on the tax refund check, because the surviving spouse can still negotiate the check.

Customer:

You can read about this, HERE

Customer:

You will be looking at option #3 is what looks like your situation is

Customer:

So, unfortunately there is no form you could fill out to specify that the refund check should come to only one spouse

Customer :

Link not working ....

Customer:

http://www.irs.gov/pub/irs-wd/1012033.pdf

Customer:

copy and paste that into your browser

Customer:

It's a PDF file, so it might open differently

Customer :

pdf files aren't opening properly on my computer.

Customer :

Will have to reboot and access this again.

Customer:

Okay, I'm sorry for the inconvenience.

Customer:

It just says what I just told you - that a refund check would be issued in the name of both spouses.

Expert:  Barbara replied 11 months ago.

A different expert here - Welcome and thank you for giving me the opportunity to assist you with your tax question.

 

Please note that Form 1310 can be used by a deceased taxpayer's personal representative, surviving spouse, or anyone who is in charge of the decedent's property in order to claim a refund that was due to the taxpayer at the time of death. If a personal representative has been appointed, they must sign the tax return. A surviving spouse can sign by themselves if no personal representative has been appointed, or along with the personal representative if they will be filing a joint tax return with the deceased taxpayer. Here is the link to Form 1310:

 

http://www.irs.gov/pub/irs-pdf/f1310.pdf

 

Form 1310 will be attached to your brother's tax return. You will also want to be sure that the word "DECEASED" is written across the top of the joint return (1040) as well as the date of death for your brother's spouse. I hope this additional information is useful to you.

 

Thank you.

Expert:  Megan C replied 11 months ago.

Original expert here. I was waiting for you to return after restarting your computer. I hope you were able to open the PDF file that I sent you.

Basically, the IRS position is that you can issue the check in the name of both spouses, because your brother can still negotiate the check even after his wife's death.

However, you can attach form 1310 to the tax return as a surviving spouse.

Please be sure that the tax return notes that your brother's wife is deceased, along with the date of death for easier processing.

Thanks again for using JustAnswer.com and have a great day. Please don't forget to rate as "excellent" so that I may receive credit for assisting you today.

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