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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

  1. Best answer

    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

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