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Subject Author Date
Stimulus claim Bob 04-05-2008
Posted by Bob on April 5, 2008, 4:45 pm
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My wife and I are CA residents. My father-in-law, who lived in NH,
died in Nov 2007. He had not filed any tax returns for several years
as his only income was Social Security. He had a trust that named my
wife, so there is no probate issue. My question is whether we can
claim for the stimulus, and if so, how to do it, i.e., file a return
in his name, or my wife as executor of his estate, or what?

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Posted by Phil Marti on April 5, 2008, 5:38 pm
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"Bob" wrote:

> My wife and I are CA residents. My father-in-law, who lived in NH,
> died in Nov 2007. He had not filed any tax returns for several years
> as his only income was Social Security. He had a trust that named my
> wife, so there is no probate issue. My question is whether we can
> claim for the stimulus, and if so, how to do it, i.e., file a return
> in his name, or my wife as executor of his estate, or what?

As long as he had $3,000 of SS benefits in 2007 the estate will get a $300
stimulus payment. See the 1040 instructions for detail about how to file a
decedent's return and what documentation to attach.

--
Phil Marti
Clarksburg, MD

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Condor on April 5, 2008, 5:46 pm
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> My wife and I are CA residents. My father-in-law, who lived in NH,
> died in Nov 2007. He had not filed any tax returns for several years
> as his only income was Social Security. He had a trust that named my
> wife, so there is no probate issue. My question is whether we can
> claim for the stimulus, and if so, how to do it, i.e., file a return
> in his name, or my wife as executor of his estate, or what?

His estate is eligible for a $300 stimulus rebate. Complete a Form 1040A as
shown in the linked example:

http://www.irs.gov/pub/newsroom/1040a.pdf

Fillable Form 1040A:

http://www.irs.gov/pub/irs-pdf/f1040a.pdf

Fill in the name and address and signature sections of Form 1040A as
explained in "Name, Address, and Signature" on page 7 of IRS Publication
559.

http://www.irs.gov/pub/irs-pdf/p559.pdf

Attach IRS Form 1310.

http://www.irs.gov/pub/irs-pdf/f1310.pdf

When the stimulus check is issued, it will be made payable as:

John Q Decd Doe
c/o Mary T. Adams, Exec.


Condor

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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