Need help filing my deceased sister's taxes - employer refusing to provide W-2

My sister unexpectedly passed away last November. My father is the executor of her estate, but I've been handling most of the paperwork since he's not great with these things. We're now trying to file her final tax return, but we've hit a major roadblock. Her employer (a medium-sized retail chain) is refusing to provide her W-2. She worked there for almost 3 years before she passed. I've called their HR department four times now. First they said they'd mail it, then they claimed they already sent it, then they said they needed more documentation proving we're authorized to receive it. We sent her death certificate, the letters testamentary showing my dad is the executor, and even a notarized letter from him authorizing me to handle this. Now they're just not returning my calls. The tax filing deadline is approaching and I'm getting really worried. Do we have any options here? Can we file without the W-2? Her last paystub shows she made about $36,500 for the year before taxes. I'm just not sure what to do and any advice would be appreciated.

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18 comments

Ava Johnson

•8M

I'm very sorry for your loss. This is a difficult situation that unfortunately happens more often than you might think. You absolutely can file without the W-2, using Form 4852 (Substitute for Form W-2). You'll need her final pay stub to complete this form accurately. Since you have documentation showing your father is the executor and you're authorized to act on his behalf, you're legally entitled to receive your sister's tax documents. I'd suggest taking these steps: 1) Send a formal written request to the employer via certified mail, explicitly citing IRS regulations that require them to provide the W-2 to the estate representative. 2) Include copies (not originals) of all your documentation. 3) Give them a specific deadline (7 business days is reasonable). 4) State clearly that if they don't comply, you'll be contacting the IRS about their non-compliance. If they still don't respond, you can contact the IRS directly at 800-829-1040. The IRS will contact the employer on your behalf and send you a Form 4852 to complete.

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Ava Johnson

•8M

You'll want to use your sister's information on Form 4852 - her name, SSN, address, etc. At the top of her 1040, you'll need to write "DECEASED" and the date of death. Your father, as the executor, will sign the return with his signature followed by "Personal Representative." For filing status, you'll use "Single" if she wasn't married at the time of death. There's no special filing status for deceased taxpayers. The return should cover from January 1st last year until her date of death. Any income she received after her date of death would be reported on an Estate Income Tax Return (Form 1041) if required, but many simple estates don't need to file this.

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Miguel Diaz

•8M

When I had to file taxes for my uncle last year after he passed, I was totally lost with all the paperwork and requirements. I ended up using taxr.ai (https://taxr.ai) and it was incredibly helpful. You just upload the documents you do have, and their AI helps identify what's missing and guides you through the whole process. The site analyzed my uncle's final pay stub and helped me accurately complete Form 4852 when we couldn't get his W-2 either. It also flagged some deductions I would have completely missed. Might be worth checking out in your situation since you're working with incomplete documentation.

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Miguel Diaz

•8M

It actually did help with the executor paperwork! It has specific guidance for filing as a personal representative and explained which forms needed my signature as executor versus which needed to be filled with the deceased's information. Saved me tons of time figuring that out. Regarding accuracy, it's actually reviewing real tax rules and generating proper documentation, not just guessing. Everything is cited to specific IRS publications. In my case, I actually got a larger refund than expected because it found a medical expense deduction I didn't know applied. No issues with the IRS afterward - the return was accepted without any problems.

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Zainab Ahmed

•8M

Just wanted to update that I tried taxr.ai after seeing this thread. I was really struggling with my mom's final tax return and dealing with her former employer who was also being difficult about providing documentation. The site actually helped me draft a formal request letter to her employer citing the specific IRS regulations, and they finally sent her W-2 within a week! It also guided me through how to properly sign the return as an executor and made sure I had all the right documentation attached. Definitely made the process less stressful during an already difficult time. The guidance on handling her retirement accounts was especially helpful - something I would have definitely messed up on my own.

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Yara Abboud

•8M

I had a similar issue with my father's employer when he passed. After weeks of getting nowhere, I discovered Claimyr (https://claimyr.com). They got me through to an actual IRS representative in about 15 minutes when I had been trying for days on my own. They have a demo video that shows how it works: https://youtu.be/_kiP6q8DX5c The IRS agent was able to confirm that I had all the right documentation as executor and explained that employers are required by law to provide W-2s to the estate representative. They even initiated contact with the employer on my behalf. Two days later, the W-2 magically appeared in the mail. It was worth it just to skip the hours of hold music and actually talk to someone who could help.

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Yara Abboud

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It works by holding your place in the IRS phone queue so you don't have to sit there listening to the hold music for hours. When an agent picks up, the system calls your phone and connects you directly to the agent who answered. It's completely legitimate - they're not bypassing any systems or using "special lines." It really does work as advertised. I was skeptical too until I tried it. The IRS doesn't shut it down because it's not doing anything against their rules - it's just an automated system that waits on hold for you. Think of it like having an assistant dial and wait on hold, then transfer the call to you when someone answers.

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Keisha Williams

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I need to apologize for my skeptical comment. I actually tried Claimyr yesterday out of desperation after spending 2 hours on hold with the IRS only to get disconnected again. Within 20 minutes, my phone rang and I was talking to an actual IRS representative! They helped me resolve a similar issue with getting tax documents for my deceased mother's estate. The agent explained exactly what letters I needed to send to her former employer and what my rights were as the executor. Now I feel much more confident about what I'm doing. Sometimes it's worth admitting when you're wrong - this service actually delivered exactly what it promised.

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Paolo Rizzo

•8M

Yes, it would still work even after several months. Most state labor departments will handle wage complaints going back at least a year, sometimes longer. The statute of limitations for wage-related claims is typically 2-3 years depending on the state. Just make sure you have the documentation showing you're authorized to act on behalf of the estate. Also bring copies of any communication you've had with the employer showing you've made reasonable attempts to get the documents.

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