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ShawnA
ShawnA, CPA, Professor, CFP. CGMA, Business Consultant, Professor, PFS I have decades of experience answering these questions.
Category: Tax
Satisfied Customers: 2884
Experience:  CPA, Professor, CFP. CGMA, Business Consultant, Professor, PFS I have decades of experience answering these questions.
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My relative died in December, 2011 without a will. I have

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My relative died in December, 2011 without a will. I have petitioned the courts to be appointed administrator, which was granted last week. Earlier, I got an extension to file his 2011 taxes because the attorney wanted me to wait until after I had applied for an EIN. I also got that last week. Now I don't know whether to file a 1040 or a 1041 for 2011. Is the extension good for either form? What about forms 56 and 1310; do I need to file one or both with the return? If the estate settles this year, will I need to file a 1041 for 2012? Do I have to report as income any reimbursements from the estate for time and expenses? If so, what line? I would like to provide your answer to the estate attorney, if OK. He absolutely refuses to give assistance on federal matters other than civil service. Thanks!

Shawn P Adamo :

Hello. My specialty is focusing on YOUR Financial needs. Financial Planner/Business Owner for 20 years. CPA,PFS,QFP,GMMA.

Shawn P Adamo :

File a 1040 for your relative. Later you will file a 1041 if necessary (in 2013 for 2012 if the estate settles).

Shawn P Adamo :

My advice regarding that attorney is to change! Find a reasonable attorney (I know that will be a challenge LOL). Find one who does this on a regular basis, who will assist you with these common type questions (new for you but not someone who does this routinely).

Shawn P Adamo :

Don't report as income any reimbursements from the estate.

Shawn P Adamo :

If this does not answer your question please let me know. Also let me know if you have additional questions.


This is my full time job and I only get paid if you accept my answer. We work on the trust system at JA.


If you understand my answer and have no more questions, please accept and please eave positive feedback (if so inclined). Thank you.

Customer:

You did not reply with an answer for forms 56 and 1310. My attorney came highly recommended, and I appreciate that he is up front about his position on federal taxes.

Customer:

I failed to mention that there is a refund of $1035 if I file a 1040.

Shawn P Adamo :

yes, you MUST file form 56.

Shawn P Adamo :

This should be filed AGAIN when the relationship is terminated (i.e. estate settled).

Shawn P Adamo :

If you feel that the deceased taxpayer warrants a tax refund, form 1340 should also be filed.

Shawn P Adamo :

I believe that should answer all you questions. please let me know if it does not.

Shawn P Adamo :

Again, as a professional, indicating what should be filed with respect to the IRS (vs actually completing the forms) is standard practice for estate and other attorneys (at least the basic forms). I mean no disrespect but the basic forms are well known. Obviously there may be unique forms for every individual and estate, but the basics are always required.

Shawn P Adamo :

I see that you are in the chat so i'll stay here.

Customer:

I am satisfied with the response I got, especially the promptness. You blew away the IRS.

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