How do I cash my deceased father's tax refund?

http://www.irs.gov/uac/Form-1310,-Statement-of-Per...

you may have already made a mistake when filing the return - according to the irs, when a decedent's return is filed, the word "deceased" must be written at the top of the tax return form, along with the usual name, address, etc............for a refund, here is the irs info and webpage:

Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer. Form 1310 does not have to be filed if you are claiming a refund and you are:

A surviving spouse filing an original or amended joint return with the decedent, or

A court-appointed or certified personal representative filing the decedent’s original return and a copy of the court certificate showing your appointment is attached to the return.

If the estate is not closed the executor can sign and simply put this money into the accounts of the estate. Of course you will also be required to file a 2015 return when the time comes and possibly an estate tax return depending upon the will.

if you filed your father's tax return after he died you would have included form 1310 for the refund to be paid to the person responsible for his financial affairs

so that you did not do that, yes return the check, maybe include the 1310 this time along with the death certificate and request reissuance of a new check

You don't. Even you and his mother try to do it yourselves, you may wind up in prison, and the check will really be the least of your problems. If he was married, then his widow must be the person who does it. If he was not married, then someone must go to a probate court and get a document from the probate court declaring that person to be the executor of his estate. This person must be the one to file the taxes. The check will be made out to the estate, not to him or any other person. The person who the probate court, not you or his mother, determines to be the proper executor of the estate, will be able to cash the check.

This is what happens when people do their own taxes and don't know what they are doing. You should have done a 1310 and it would have come directly in your name. You should be able to deposit it right into his account. Signing his name to the tax return was fraud.

you need a bank account for his estate. they will NOT rewrite to you - it's not yours-yet and any other bills, debts, etc have to be paid first with that money before you get any if any left

Whoever has "Power of Attorney" (and it sounds like that's YOU?) can deposit it into his Checking Account then transfer the money wherever it needs to go....I wouldn't go spending it until his Will has completed Probate, though....you may NEED that money to pay any Bills he owed...

As executor, you go to the bank where you opened up an estate account and deposit the check.

You do not have them make it out to you personally. You have them make it out to the estate. Do not send the death certificate or copy of the will. Instead, send the official letter from the probate court that formally appoints you are the executor.

No, it gets deposited in his estate account and distributed by the executor per the terms of his will.