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Level 3
May 23, 2022
Question

Refund of deceased taxpayer needs to go to trust, not estate

  • May 23, 2022
  • 1 reply
  • 33 views

I have a deceased taxpayer who had a trust.  Final return (1040) of the taxpayer resulted in a refund.  The check from the original return came to "Estate of Taxpayer Name".  However, the bank would not cash it because there's a difference between an Estate and a Trust.  I am now amending the return for something else.  How do I get the refund check to come to the Trust of the deceased taxpayer rather than to the Estate?

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1 reply

sjrcpa
Level 15
May 23, 2022

Fill out the 1310 with the trust/trustee name.

The more I know the more I don’t know.
trodneyeaAuthor
Level 3
May 24, 2022

The 1310 only allows you to name a person, not a trust.  The refund needs to go to the trust.

sjrcpa
Level 15
May 24, 2022

I think the IRS is well within their rights to issue the check to the estate of the deceased. Get an estate EIN and open an estate bank account. Then it can be transferred to the trust if that's what the will says.

The more I know the more I don’t know.