How to handle tax refund from deceased father?

[ohyes]

DH, as his deceased father's personal rep, received a tax refund check last week from his father's taxes.

He contacted his father's attorney, who has not yet responded.

Common sense tells us that DH should deposit the check and mail his sister a check for 50%.

DH wants to make sure this is the correct reponse... and asap. The check is close to $12,000 so he wants to deal with it sooner than later.


Does anybody have experience with this? Is it safe to proceed with that plan? or does anything else need to happen first? His dad's estate has been in probate 18 months; thus, it all seems a bit nebulous to us.

If you have experience and/or knowledge about something along these lines, thanks.

 

[pb4uski]

I would think that he should give it to the executor to be deposited to the estate's cash account (assumes that the estate has not yet been distributed).

 

[Sunset]

I would think that he should give it to the executor to be deposited to the estate's cash account (assumes that the estate has not yet been distributed).

+1

Besides that, was the estate so complex, or my suspicious nature thinks the lawyer is lazy and will justify a higher charge since it took over 18 months !!

I could see if there was real estate property that has to be sold, and the sale has not happened yet.

 

[EastWest Gal]

I would think that he should give it to the executor to be deposited to the estate's cash account (assumes that the estate has not yet been distributed).

+1

Not sure what is meant by "his personal rep" unless you meant that he is the executor, or representative if his dad died intestate. In either case the check needs to go to the estate then it can be distributed according to the will, or for the latter, the laws that govern estate distribution if one dies intestate. If he closed the estate's cash account, he may need to open another one to handle the check.I kept my dad's estate checking account open for at least a year after everything else was settled.

 

[SheitlQueen]

Also +1. We are dealing with my mother's estate right now and all checks that come in are deposited into a estate account.
Wait to hear from the attorney, and if he/she is not returning your DH call, he should keep bugging them until they respond.

 

[ohyes]

Thank you for your replies. DH is going with it and will continue trying to get a response from the attorney.


We are 1500 miles away and the attorney is a friend of DH's family. There is some property to be sold but it appears DH's sister is upset about that. Two months ago, the attorney told DH it should be all wrapped up in a "few weeks".

DH became personal rep while his dad was still alive. He okayed bank transactions to pay his father's bills. The attorney had the taxes filed so I'm confused why he put DH's address down for delivery of the refund.

Sigh, we may need to plan a trip up that way.

Thanks again. When I offered to post the query on ER, DH responded, " Yes, please do". : )

 

[Ronstar]

Others above are correct - deposit it in estate's cash account if the estate is still open. All transactions have to be from the estate until its closed. At least that is the way that our atty told us to do it. But definitely hold on to the check until you hear back from your atty.

 

[Walt34]

+1 on it goes to the estate to be distributed according to the will if there is one. I handled by mother's estate and I think there was a small refund on the estate's tax return. That went into the estate account.

But in any case make sure it gets to the person handling the estate.