Who can do my deceased Mothers taxes?

Asked over 3 years ago - Chicago, IL

My Mother passed away in 2007 and my brother and I were 50/50 beneficaries on all of her accounts. Life Ins, Bonds, Checking Accts.
The problem is my brother went ahead and filed her Taxes and did not split 50/50 like rest of her accounts. How do I go about getting 50%. He still owes my for half of funeral costs as well. How is or was he able to file her taxes without my signature or me? There was no will, did not go to court for probate and there was NO executor on her estate. What can I do. IRS wont give my copy of her taxes that my brother filed. I'm trying Freedom of Information to get copy. I just need exact amounts of Checks (Tax Refund and Stumilus Check Refund) so i can add to other total for small claims. Any HELP would be GREATLY appreciated

Attorney answers (2)

  1. Robert Jan Suhajda

    Contributor Level 17

    Answered . First I would call the IRS help line. If you have already done that I would contact the Taxpayer's Advocate Office. He was not authorized to sign the return and the IRS should not have processed it. Going to small claims is a good idea which may be better than going to probate court and being appointed as her personal representative.

    Let me know what works. Attorney don't know it all either.

    Disclaimer
    Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

    Good Luck starts with a strategy and a plan.

    Robert J. Suhajda, MS,CPA
    Attorney-At-Law
    17721 Norwalk Blvd. #43
    Artesia, CA 90701
    562-924-8922

    Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns,
    Homeowner Association Strategist.

  2. Jonathan Scott Connor

    Contributor Level 12

    Answered . As far as the life insurance, brokerage funds and bank accounts are concerned you should contact them because they will pay you your 50% directly. You may also considering filing for an heirship, which is a type of probate where there is no will, and get appointed administrator. This would get you a court order that would give you authority to handle your mothers estate. When you do the administration you can also apply for reimbursement of the entire funeral costs and get that from her estate, or 1/2 from your brother.

    DISCLAIMERS. Mr. Connor is licensed to practice law in the State of Texas. He may be reached by email at jconnor@connorlawfirm.com, or through his website at www.jonconnorlaw.com. The responses provided in this comment are not legal advice, do not create an attorney-client relationship and may vary depending on the jurisdiction of the matter. This site should not be used as a substitute for legal advice. These responses are for educational purposes only and should not be relied upon as anything other than general information. Seeking the advice of an attorney is strongly encouraged. Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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