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I've seen it done both ways with and without affidavit. Sometimes you get a person at the bank who starts reading a form and gets confused and then you are back at square one. Good luck!
http://apps.irs.gov/app/picklist/list/formsPublications.html;jsessionid=Feb4d-WV-XO+jSlOcESiDg__?value=form+1310&criteria=formNumber&submitSearch=Find
If the link is too link, go to the irs.gov website, click on "Forms", then search for Form 1310.
I had to file those to receive my deceased mother's and sister's tax refund. I just checked the old form I used; it may be outdated, so I would get an updated one from irs.gov.
The form has 3 options from which to choose:
(a) surviving spouse
(b) court appointed representative (with "court certificate" attached) or
(c) person other than (a) or (b), claiming refund for the decedent's estate.
I think you would be in category (c), but if Vegas Lady comes along you could ask her (or PM her). She's more knowledgeable about IRS procedures than I.
Some banks don't require endorsement for checks that are only deposited. You might check with your bank to see if that's the case, and if so, just deposit the check as Pam states.
But I would take his death certificate and your DPOA to the bank just in case you can't get the check issued in your name by the IRS.
Here's an amusing anecdote about dealing with the IRS and a deceased person.
After I filed our taxes last year, my father received a letter from the IRS notifying him that his refund could not be issued without filing a Form 1310 because that's required for a deceased person. He signed the 1040, there was absolutely nothing to indicate he was dead.
So I had to write them and tactfully explain their error, also asking them on what did they base their conclusion that he was dead despite having just signed his 1040 form?
Unbelievable.
As to having everything in order, how I wish that were possible! We had my sister's estate plan prepared by my attorney, Dad and I shared the Co-Trustee duties of her Trust and we shared power of attorney duties as well. There were no liquid assets to transfer into the estate, just the tangible property.
There were some specific reasons why we wanted those assets to be transferred into the Trust though. Sounds great on paper.
When I went to the Michigan Secretary of State to transfer title to her vehicles, they refused to do so, stating that a trust isn't a person and a nonperson can't hold title to a car. Huh? What about all the corporate leased cars?
It was clear that weren't going to budge so I had to transfer title to myself and notify the other heirs why I did so so that no issues would arise that I was taking assets from the estate for myself.
Same thing with the HO and vehicle insurance. The insurance carrier wouldn't ensure an entity - had to be a person. So I ended up insuring the house and vehicles in my name, with the Trust as an additional insured.
The carrier never explained how a trust could be an additional insured but not the primary insured.
You may have everything seemingly together, but there easily could be some governmental or private entity that has its own rules and you end up jumping through hoops to get everything accomplished.
So Jessie I guess that's the long version of the story of my dad's "will". There wasn't one. He had nothing to bequeath as we used what was left of his money for his care in the NH. What was left we used for his funeral services. That's why I'm concerned about this income tax refund check being made out in my dad's name. There's no account, no nothing.
An easier way to do it perhaps would be if the check could be direct deposited into your account. That could get tricky, too, since names and SSN wouldn't match.