Dad died in February before getting his taxes filed. Due to issues with the post office, I wasn't able to get everything gathered until June. I now have the tax packet (a box!) from Dad's accountant.
He has a note in there for me to sign with my name followed by POA.
POA ended up on his death, but technically, he was still alive for the 2023 tax year. So maybe POA is correct?
Or do I sign with my name followed by executor?
I just hate to ask him another question, I'm sure he is tired of hearing from me.
But I am sure that if you call you will get a more accurate answer. And I am also sure that he has been or is being paid for his knowledge so 1 more phone call is not going to be a real bother. (it's not like you're calling in April)
The processes required to deal with the government are why we hire professionals, they do the CE so we don't have to. ;-)
However, if you would feel better, do not hesitate to contact him to gain clarity for your own comfort. It is good to be diligent in this matters.
The accountant is getting paid I would assume. You should not worry about getting the answers you need. That is the nature of the job. You don't want to do something wrong. You would never sign POA after death.
Dad's 2023 tax return would cover from January 1 until the date of death. Say he died on 2/5/23; DAD'S tax return would cover the time of 1/1/23 - 2/5/23 - and for that period of time you were still POA; dad's ESTATE's tax return would cover 2/6/23 until 12/31/23 (or until such a time that the estate has been settled and all accounts paid and heirs receive whatever inheritence is left, if the estate was settled in 2023).
Your dad's accountant should have filed for a new tax ID number for the estate, that is what any future tax returns will be filed under. It will the responsibility of the executor/executrix to file those taxes; if that's you, then you would sign the estate tax return as the executrix.
Hope this helped!
Short version: in a tiny variation on what MACinCT says, it is the “appointed representative” or failing that the spouse (for a joint return) or failing that the “personal representative“.
Quote: “Usually, the representative filing the final tax return is named in the person's will or appointed by a court. Sometimes when there isn't a surviving spouse or appointed representative, a personal representative will file the final return.”
More details on each of these in the website. They even specify how you should sign it.
(I don’t see anything one way or the other about POA, but this website at least makes me uncertain that POA would apply (it ended on death, and therefore not valid on the day you’re signing as others have mentioned, and it’s not court – appointed)). It seems like the most solid would be the executor.)
https://www.irs.gov/newsroom/how-to-file-a-final-tax-return-for-someone-who-has-passed-away#:~:text=For%20paper%20returns%2C%20the%20filer,spouse%20must%20also%20sign%20it.
To be absolutely sure how you should sign, contact the IRS and ask them what you should do. I think it's possible to even email them your question if you don't have the luxury of sitting on hold for forever. They will send out a follow-up letter with a case number, so if you have any problems with it in the future you can refer back to what they themselves advised you.
You can file an extension if you need more time.
If you need rock solid advice, and not guesswork, you will have to check with the accountant again. You pay for that advice, so stake advantage of it. Good luck, GG.
I also emailed my question to Delaware and had a personal answer within minutes.
"Address doesn't matter, just be sure the SSN is correct."