quote:

This time I have to include a government issued photo ID.

Wondering if the person from the IRS wanted your ID (as opposed to your father's ID). If the last names match they would assume you're OK dealing with the matter.

quote:

Originally posted by 911Boss:
No estate left, he lived with me, did not own anything beyond clothes/personal possessions. Navy retirement, State retirement and SS were his only income sources and all timely advised of death. Had some money in savings, used for final arrangements with remainder split between brother and I per his will.

Brother is executor, yes “legal obligation” but what does that even mean these days? Pretty sure Al Sharpton still hasn’t paid his taxes, Pelosi makes rules about metal detectors than ignores them, my state as well as the feds pick and choose which laws to enforce, etc...

Why does the average Joe have such obligation when so many others are allowed to ignore theirs?

Did you probate the will, or did you just divide up the belongings and cash per the wills instructions.

If you did not probate your brother is named to be the executor but he's not until Probate appoints him during the probate process. Until it's probated, nobody is legally appointed anything.

If you need legal authorization, then either probate the will, or, if you are not probating the will most states have what was called a Small Estate Affidavit, or, Order to Dispense without Administration,

With the SEA, the probate court will appoint someone (the applicant(s)) to oversee the final disposition of the deceased assets, bills, taxes, etc. Simply go to the Clerk of the Probate court and fill out an application, in a few days you'll have the appointment paper, similar to Letter of Testamentary, and you can legally do whatever is necessary. You can't do this if you are going to go to probate.

Generally this is used when there is no will, nothing to probate but a signature is needed to get someone like a life insurance carrier to release payment of proceeds when there is no living beneficiary, small policies, $5, $10K.

Pub 559 Filing Returns for deceased

Form 130

The Tennessee small estate affidavit is used to administer estates with assets totaling $50,000 or less excluding any interest in real property. The affidavit must be filed in the county in which decedent resided at time of death. At least 45 days must have passed since the date of death before this form may be filed.

Shelby county instructions

Cole Law TN Small Estate Law


This isn't legal advise, it's just based on experience, TN isn't difficult, you need to weigh the costs of cleaning things up and the value $ of doing so and if you really need to do it.

Update in OP

quote:

Originally posted by SR:

quote:

This time I have to include a government issued photo ID.

Wondering if the person from the IRS wanted your ID (as opposed to your father's ID). If the last names match they would assume you're OK dealing with the matter.

That's exactly what I was thinking!!!!!!!

I mailed the return for our LLC on Feb 8 this year. Just got the receipt confirmation card yesterday. Had another LLC return mailed around the same time and just got it's receipt last week. So the IRS is dragging their ass on everything.

quote:

So the IRS is dragging their ass on everything.

^^^^^^^^^^^^^
It is selective they cashed my quarterly tax estimate in record time.

If I were in your shoes I would make an appointment at my local Congressional office. Take all documentation and thoroughly explain the situation.

Sometimes one phone call from the right person can get the ball roiling.

Unless there is a significant amount of money involved I would just say screw it . You have no obligation here .

quote:

Originally posted by selogic:

Unless there is a significant amount of money involved I would just say screw it . You have no obligation here .

OP said "small refund," so there is probably no real obligation.

It is just annoying as hell if the IRS says "call us" and that is not possible.

In that situation, I would be tempted to send the IRS a certified letter, stating that they said to call but it was not possible to get through on a call after multiple attempts, so the IRS needs to either initiate the call (give them some time windows) or deal with this via mail.