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Executor signed multiple corporate tax returns as deceased.

Customer Question
Executor signed multiple corporate...

Executor signed multiple corporate tax returns as deceased. is this legal if he also has power of attorney? there is a will that hasn't been probated in almost 3 years.

Accountant's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

Massachusetts. Corporate tax returns.

Accountant's Assistant: Has anything been filed or reported?

No

Submitted: 5 months ago.Category: Tax
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Answered in 1 hour by:
1/3/2018
Tax Professional: Barbara, Enrolled Agent replied 5 months ago
Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 6,146
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.
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Welcome to Just Answer. My name is ***** ***** I will be happy to assist you.

The owner of a corporation is the individuals who own the stock. When the owner dies, the stock passes to the estate of the deceased owner.

The executor should be filing and signing the corporate returns on behalf of the estate of the deceased.

A power of attorney terminates immediately upon death.

Please let me know if I can assist you further.

Thank you and best regards,

Barb

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Customer reply replied 5 months ago
I understand that the executor would file on behalf of the deceased for the first year but shouldnthe executor be filing on behalf of deceased for 2 more years? There is a will that still has not been probated.
Tax Professional: Barbara, Enrolled Agent replied 5 months ago

I cannot answer why the will has not been probated yet. The normal probate process in Massachusetts takes 1-2 years.

Your question came through in the tax category, and I answered your question from a tax perspective.

Have you contacted the executor regarding the status?

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Customer reply replied 5 months ago
From a tax perspective, is it legal for the executor to continue to file the corporate tax returns when a trust was set up for the stock of the corporation to be placed into by the stock owner upon his death?
Tax Professional: Barbara, Enrolled Agent replied 5 months ago

The stock passed to the estate, but the nothing has been done about probate, and it's been 3 years.

Have you contacted the executor?

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Customer reply replied 5 months ago
He’s not cooperative
Tax Professional: Barbara, Enrolled Agent replied 5 months ago

What is your relationship to the deceased?

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Tax Professional: Barbara, Enrolled Agent replied 5 months ago

What is your relationship to the executor?

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Customer reply replied 5 months ago
He’s my brother but we haven’t spoken in some time over his choices since my dad’s passing. I am one of 3 sisters who are all beneficiaries...no one us speak to him but we do email with requests for information but we never get it
Tax Professional: Barbara, Enrolled Agent replied 5 months ago

Thank you for the additional important information.

My best advice would be for you and your sisters to hire your own attorney to protect your interests, especially since your brother does not appear to be forthcoming with information.

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