How do I prove to the IRS that I'm entitled to receive information about my parents' taxes?
1 answer
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Last updated: Jun 30, 2010
Q
Upon my father's death, I found out that he had not filed his tax returns for the past six years, since my mother passed away. I have consulted a CPA who had me file a form with the IRS to request copies of their 1099s for those years. In return, I have received a request from the IRS for documentation from a probate court that I am entitled to receive these documents. My parent's wills did not go through probate because they are simple pour over wills that go into a revocable trust, of which I am one of the co-trustees. Will a copy of the trust papers be sufficient to meet the request of the IRS?
A
Amy Shelf is an attorney specializing in estate planning and probate for individuals and families of all means.
You should be able to complete and file IRS Form 56, “Notice Concerning Fiduciary Relationship” and indicate that there is a valid trust. You can download the form directly from the IRS website.
Part II will ask you to indicate your authority -- and you should check "Valid trust instrument and amendments."
Form 56 comes with a set of instructions and warnings about how to complete it, but if you have questions, your CPA should be able to answer them based on his knowledge of your situation.
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