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Tax Refund for Deceased Spouse


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#1 oakridge_891

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Posted 07 February 2013 - 12:23 PM

I received a Tax Refund check in the mail in my husbands name, dated 02 01 13. He has been deceased for 12 years. On the check there is a 12/82. If that is a date, we were married at that time and I have never remarried. Can I cash this check?

#2 FindLaw_Amir

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Posted 07 February 2013 - 12:32 PM

Did you file your husband's return?
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#3 oakridge_891

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Posted 07 February 2013 - 01:01 PM

I no longer have the returns but I'm sure we would have filed jointly.

#4 FindLaw_Amir

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Posted 07 February 2013 - 02:07 PM

Is the check only in his name?
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#5 oakridge_891

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Posted 07 February 2013 - 02:16 PM

yes, it is only in his name.

#6 Tax_Counsel

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Posted 07 February 2013 - 02:18 PM

I received a Tax Refund check in the mail in my husbands name, dated 02 01 13. He has been deceased for 12 years. On the check there is a 12/82. If that is a date, we were married at that time and I have never remarried. Can I cash this check?


Whoa, there's a whole lot of information missing here. What tax agency issued this check? Why is a refund being issued now for what appears to be a 1982 period? The statute of limitations for issuing a refund at the federal level would have been long expired unless this was a matter that had somehow been in litigation for decades. Was the check issued only in his name? If so, that indicates that whatever tax this is, it's not a joint tax liability.

In general, if the check is issued in only his name you could not cash it because you aren't him. If you were the executor or administrator of his estate, you might potentially be able to cash the check on behalf of the estate, but some more information may be needed to know exactly what steps you need to take. You may need to have the check reissued in the name of of his estate.

#7 oakridge_891

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Posted 07 February 2013 - 02:43 PM

United States Treasury issued the check. San Francisco,CA then some numbers
another group of numbers
Name 12/82
address 58
$amount.00


$amount interest

The check is issued in only his name. To my knowledge there was no litigation.


He was involved in an auto accident in 1991 and I became his Power of Attorney until his death in 2000.

#8 DumplinHoneychild

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Posted 07 February 2013 - 02:58 PM

If you haven't filed any tax returns (amended or otherwise) in your husband's name for a while and your returns have been filed as single since his passing, I would be very suspicious of any surprise checks from the IRS. Were you expecting this refund? Are you certain it is a tax refund check and not a payment arising from another cause? Is the check from the IRS, Social Security, etc. or are you unable to ascertain? I'd really recommend some research first. Besides, the check really belongs to his estate. That may end up being you, but you should probably get the background before bindly endorsing it.

#9 LegalwriterOne

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Posted 07 February 2013 - 03:34 PM

I'd suggest you contact the IRS directly about this.

#10 adjusterjack

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Posted 07 February 2013 - 03:34 PM

I suggest taking the check to the nearest IRS office and and asking for authentication and background.

It could be a scam.

I often get stuff in the mail that look like checks but the fine print says that endorsing it binds you to buying or subscribing something.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#11 FindLaw_Amir

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Posted 08 February 2013 - 08:22 AM

I agree with the previous posters, your best bet would be is to visit your local IRS office to address this matter.
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#12 oakridge_891

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Posted 08 February 2013 - 07:29 PM

I'm going to take your advice and contact the local IRS office. Thank you,everyone for your help.




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