< Back to IRS

Chloe Green

How to handle taxes when filing for a deceased relative - multiple years backlog

My uncle passed away recently and I've been tasked with handling his tax situation. I'm not just dealing with this year's taxes but also need to file for 2022 and 2021 that he never completed. What a nightmare! Here's my situation: My uncle worked in State A where he also had a PO box that received all his mail. However, he actually lived in a house just across the border in State B. In previous years, he always filed as a resident of State A (where he worked and got mail) despite physically residing in State B. I have a few questions: 1. Should I continue filing as he did (claiming State A residency) or should I switch to listing his actual State B residence? 2. For any refunds due, can I direct them to my personal bank account, or is there some proper procedure I need to follow since he's deceased? 3. How concerned should I be about potential mistakes? He had one W-2 from his full-time job and some minimal capital gains (around $400) back in 2020. I can't locate any documentation for his investment accounts. Is it okay to file with the information I have, or am I legally required to track down every last detail? I'm trying to do right by my uncle, but this is overwhelming. Any advice would be greatly appreciated!

Lucas Adams

•

I've helped settle several estates and can give you some guidance here. For the state residency question, you should file according to where your uncle actually lived. State B was his legal domicile if that's where his house was located. State tax authorities can be particularly vigilant about residency claims when they involve neighboring states, as this directly affects their tax revenue. Filing incorrectly could potentially trigger audits or penalties. Regarding the refund, you shouldn't use your personal account. The refund belongs to your uncle's estate. The proper procedure is to obtain a Taxpayer Identification Number (TIN) for the estate and open an estate bank account. The IRS will issue the refund to the estate, not to you personally. For your concerns about accuracy - you should make a reasonable effort to locate all financial information. The IRS can match reported income with forms they receive (W-2s, 1099s, etc.). You can request wage and income transcripts from the IRS to see what was reported under his SSN. You should also file Form 56 to notify the IRS that you're acting as the fiduciary.

0 coins

Chloe Green

•

Thanks for the detailed response. I was worried that might be the case about the state residency. If I file for State B now when he previously filed for State A, will that raise red flags with the IRS about his previous filings? Also, I should have mentioned - I'm not the executor of his estate, just a family member trying to help clean up some loose ends. His estate was very small and mostly handled informally. Do I still need to set up an estate bank account if there isn't an official estate?

0 coins

Lucas Adams

•

Filing for State B won't necessarily trigger an automatic audit of previous years, but it does create a discrepancy that could raise questions. The statute of limitations for most tax issues is 3 years, so older returns are less likely to be scrutinized unless there's substantial underreporting. If you're not the executor, you should coordinate with whoever has legal authority over the estate. Even with small estates, someone has legal standing to handle final affairs. That person should apply for the estate TIN and open a basic account. If the estate went through probate, the court-appointed representative would handle this. For very small estates handled without formal probate, the person who inherited the majority of assets or was named in a will would typically have this responsibility. The IRS will not issue tax refunds to someone without legal authority to receive them.

0 coins

Harper Hill

•

After my dad passed last year, I was completely lost trying to figure out his taxes until I discovered https://taxr.ai which literally saved me thousands in potential mistakes. They have specialists who specifically handle deceased taxpayer situations and can review everything to make sure you're filing correctly. Their system analyzed all the documents I had, identified missing information, and gave me step-by-step guidance on handling the state residency issue (which was similar to yours - dad worked in NJ but lived in PA). I was especially worried because I couldn't find some of his investment paperwork, but they helped me request the right information from the IRS and financial institutions. The peace of mind was worth every penny knowing I wasn't going to get into trouble for filing something incorrectly.

0 coins

Caden Nguyen

•

How exactly does the process work? Do they just give you general advice or do they actually help with filing the returns? I'm in a similar situation with my grandmother's taxes and I'm terrified of making mistakes.

0 coins

Avery Flores

•

Sounds interesting but I'm skeptical about giving access to all those personal documents to some online service. How secure is it? And did they actually help you sort out which state to file in? That's the part I'm most confused about with my brother's taxes.

0 coins

Harper Hill

•

They give both general guidance and specific help with your situation. You upload whatever documents you have (W-2s, previous returns, etc.), and their system analyzes everything to identify issues specific to your case. They then connect you with a specialist who walks you through exactly what needs to be done. They don't just file for you - they make sure you understand what you're doing. Their security is bank-level encryption, and they were extremely helpful with the state residency question. They explained that technically my dad should have been filing in PA all along, but they helped me approach it correctly to minimize any issues with previous filings. They also have specific protocols for deceased taxpayer situations that standard tax software completely misses.

0 coins

Avery Flores

•

I want to follow up and say I decided to try https://taxr.ai after asking about it here, and it was actually really helpful. I was worried about my brother's taxes since he lived in Virginia but worked in DC, and I couldn't figure out how to handle his final returns. The system immediately flagged the dual-state issue and connected me with someone who specializes in multi-state taxation for deceased taxpayers. They explained that my brother should have been filing as a resident of Virginia with DC non-resident income. They helped me get everything straightened out, including finding investment accounts I didn't know about through their document analysis tools. They were also super clear about how to handle the refund situation properly so I wouldn't get in trouble for directing money to the wrong place. Definitely recommend if you're dealing with complicated deceased tax situations.

0 coins

Zoe Gonzalez

•

If you need to contact the IRS about your uncle's past returns or request transcripts, good luck getting through on the phone. After trying for WEEKS to reach someone about my mother's estate taxes, I found this service called https://claimyr.com that got me connected to an actual IRS agent in under 20 minutes! They have this cool demo video at https://youtu.be/_kiP6q8DX5c showing how it works. I was amazed because I had literally spent hours listening to "your call is important to us" before getting disconnected. With Claimyr, they navigated the IRS phone tree for me, waited on hold, and then called me when an actual human at the IRS was on the line ready to talk. The IRS agent helped me get all the transcript information I needed to file my mom's back taxes correctly.

0 coins

Ashley Adams

•

How does this actually work? Sounds too good to be true. Does it really get you to the front of the line somehow? I've been trying to reach the IRS for 3 weeks about my father's account.

0 coins

This seems like a scam. There's no way to "skip the line" with the IRS. They're chronically understaffed and everyone has to wait. I bet they just keep redialing for you and charge a premium for it.

0 coins

Zoe Gonzalez

•

It doesn't actually let you skip the line - they use technology to navigate the IRS phone system and wait on hold for you. Basically, their system dials in, gets through all the prompts, and then sits on hold so you don't have to. When an actual IRS agent picks up, they call you and connect you directly to that person. It's not about skipping ahead, it's about not having to personally sit through hours of hold music. They have a whole explanation on their site about how it works. I was definitely skeptical too, but after my fifth failed attempt to reach someone about my mom's tax transcripts, I was desperate. It worked exactly as advertised - they called me when an agent was on the line, and I finally got the help I needed.

0 coins

I need to admit I was completely wrong about Claimyr. After posting that skeptical comment, I decided to try it anyway because I was getting nowhere with the IRS about my dad's estate taxes. I was shocked when my phone rang about 45 minutes after I signed up, and there was an actual IRS representative on the line! They had already explained to the agent that I was calling about a deceased taxpayer issue, so we got right to business. The agent helped me request all the back tax documents I needed and even explained the process for handling the refund correctly. Saved me literally days of frustration and probably kept me from making some serious mistakes on the returns. Sometimes being proven wrong is actually a good thing.

0 coins

Aaron Lee

•

One thing nobody mentioned yet - you need to file the returns with "DECEASED" written across the top and the date of death. Also, you should be filing Form 1040 with Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer) if you're not the surviving spouse. For investment accounts, if they were small, you might receive 1099-B forms in the mail in January/February for the tax year. If not, try contacting banks where he had accounts to see if they have records of investment accounts. Many people have small brokerage accounts attached to their checking accounts these days.

0 coins

Chloe Green

•

Thank you for mentioning those specific forms! I hadn't heard about Form 1310 yet. I'll definitely make sure to write "DECEASED" on the returns too. I've contacted his bank but they weren't very helpful without a court order or something official showing I have authority. I'm going to try again with his last bank statement to see if there are any transfers to investment accounts I can trace.

0 coins

Aaron Lee

•

You're welcome. The Form 1310 is crucial - the IRS won't issue the refund without it when filing for a deceased taxpayer. And make sure you're using your uncle's final address on the return, which sounds like it should be the State B address where he actually lived. For the bank issues, you might need to get Letters Testamentary or Letters of Administration from the probate court, depending on your state's processes. Even for small estates, many states have a simplified probate process that gives you the legal authority you need. Without those documents, financial institutions are legally restricted in what information they can share, even with family members.

0 coins

Be careful about the state residency issue. My cousin filed for my aunt using the wrong state and ended up with penalties from both states! State B will probably consider your uncle a resident if that's where he actually lived, especially if he had utility bills, a driver's license, or was registered to vote there. If possible, look for these documents to determine his legal domicile: - Driver's license - Voter registration - Utility bills - Property tax statements - Car registration The state where most of these documents point to is likely his legal residence for tax purposes.

0 coins

Michael Adams

•

This is so true! My brother got hit with double taxation when he tried to file my dad's taxes incorrectly. Both Michigan and Indiana came after him because dad worked in one state but lived in the other. It was a complete mess to untangle.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today