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My mother died last year and I have been handling her final affairs. I have one last thing to go, her taxes. Her estate had no assets so I have tried to avoid probate completely. She was receiving payouts from an IRA which I have inherited. The account is in my name and I have all the statements from my mother's records. The one thing I am missing is the 1099 form from the IRA. I have talked with several people at the company and they totally refuse to send the 1099 to me or to my mother's official address. They say they will only send it to me if I send them a “Letter of Appointment.” They were not very helpful as to how I go about get this letter.

Apparently, I have to go to court to get one. Big problem since I am in California and my mother lived in Michigan. I can try to talk some of my relatives into doing it, but if it involves going to court, they will most assuredly say no. I will probably have to hire a lawyer in any case, either to file papers for me or to name himself executor ($100 per hour plus expenses, plus possibly court costs). So I am looking at at least a few hundred, maybe over $1000. Just so I can get this lousy piece of paper that has numbers on it that I already know.

So I had 2 thoughts…..If you file electronically, you don't have to send in the supporting paperwork. Can you do that for a deceased taxpayer as well or will they want a death certificate or something?

My other thought….She does not owe any taxes and no taxes were withheld, so there is no money involved with her taxes. What happens if I simply don't file? I am not legally the executor so what can they do to me?

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