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An Executor steals IRS refunds from an estate in NY and it is not listed in the estate accounting. How to obtain IRS info.?

Albany, GA |

We asked the estate lawyer for the IRS refunds along with the accounting a few months ago. We got the accounting and it appears refunds may be missing from the Schedule of Receipts. We have another lawyer that knows and we again requested IRS returns and we are waiting. We contacted IRS Fraud in Fresno giving them the accounting and asking if refunds are missing. How can we get refund info.? Our lawyer says the Executor and Estate attorney should give it to us for the estate account paid for 2 years of tax preparation. If there were refunds it is a fraudulent accounting that was notarized and signed by the estate attorney and executor. They did list one state tax refund 2 years after the death but no federal ones. The estate has not closed yet from what we know.

Attorney Answers 2

Posted

Subject to what your own attorney says, including the tax attorney you should be consulting, you may have to go to the probate court to force the executor to divulge the information you're looking for; the IRS will generally not provide tax information to anyone other than the "taxpayer" - which in this case would be the estate/executor - without a power of attorney, which you are unlikely to get from this executor based on the facts you've described.

My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference. If you wish to consult with me please contact me at dana@nytaxcounsel or visit my website at www.nytaxcounsel.com

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Posted

If we can avoid going to court to get that information, we would like to. I provided IRS Fraud in Fresno with the POC's for the estate attorney and the experienced CPA attorney we have been consulting with and the accounting which may be fraudulent. I am hoping they will at least provide this information to one of us for lacking that information, makes it an incomplete accounting since 2 checks were used to pay for tax preparation out of the estate account. We believe the 4 other heirs (we all have 1/5th interest in 2 remaining real properties and not much left in the estate account) have conspired to take money and that it is in the Schedule of Receipts. They tried hard to deter us from requesting the accounting and became livid when we contacted the estate attorney who was cooperative and did produce the accounting. The four other heirs, 2 of whom we were very close with, one a God parent to our 2 children, abandoned our relationship and have acted in a rather hostile manner towards our own family ever since we requested the accounting. I am a 100% disabled vet and have nearly died twice this year from health related complications and we believe they acted and took advantage of knowing my health is so poor. We are devastated about this and it has affected our whole family including our young children.

Posted

Go to Probate Court. That will be quicker than dealing with the IRS.

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Thanks Mr. Givner. We are set up to go to court but of course wanted to avoid this if we could. It is a horrible situation that involves conspiracy by my disabled husband's four siblings. A big red flag was a $7,200 IRS tax payment made the month before she died and we believe the decedent prepaid her taxes and paid quarterly which would mean she was paying nearly 29k per year in federal income tax. She was under hospice care and totally disabled her last year of life staying in a nonprofit church type facility. No federal tax refunds are listed on the accounting and only one $700 NY state tax refund the year after she died. We believe the Executrix pocketed the refunds and distributed them among the four other siblings and did not include my husband because she hates him.