Obtaining power of attorney over a deceased parents estate.

Asked over 4 years ago - Cooper, TX

My Mother recently passed away and did not have a will or any estate to speak of. I handled most of her financial obligations and funeral arrangements without any difficulty, however Texas medicaid is trying to recover part of the benefits they paid her and have requested a copy or transcript of her last tax return. I submitted a letter to the IRS with the request explaining I was her sole living relative and included a copy of the death certificate. They denied the request stating I need some form of court document naming me as the executor of her estate. What do I need to do?

Attorney answers (1)

  1. Janet Lee Brewer


    Contributor Level 17

    Answered . I'm sorry about your mother's death. The IRS will not release tax information without "letters testamentary", which you can only get by being formally appointed as the administrator of your mother's estate in the Probate Court. You will need to consult a knowledgeable probate attorney for assistance.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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