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IRS
Helps Heirs Find Intestate’s Assets
Buffamante
Whipple Buttafaro, P.C.
Monthly Newsletter: September 2004
It goes against
what every legal and financial adviser recommends, but still, many
individuals with valuable assets die without leaving a will or a
formal record of their assets. So heirs of these “intestates”
have problems locating, or even learning about, what they have just
inherited.
IRS
– of all people – to the rescue. You may not know what
Uncle Charlie owned, but maybe IRS does. And IRS will tell you,
under a new IRS procedure.
The intestate’s
tax return, especially where carefully or professionally done, gives
a lot of detail about his or her assets, and sometimes even their
whereabouts. For example, tax return entries for interest and dividends
list the assets owned, entries for rental income state the property
location, and a host of other entries – deductions for interest
and property taxes, business income, IRA and pension withdrawals,
tax-exempt interest received – indicate or hint at the size
of the estate to look for. And the return preparer, whose name,
address and phone number are on the return, may know more.
IRS says in
effect that a person entitled to inherit from an intestate may be
allowed to look at the intestate’s last income tax return
before death. The heir must file a request with IRS, and offer various
items of proof: date and place of intestate’s death, intestate’s
state of residence, heir’s relationship to intestate, etc.
Specific items IRS needs are spelled out in Internal Revenue Bulletin
2004-31 which is available at the IRS website at http://www.irs.gov/irb/2004-31_IRB/ar14.html.
You may want
your financial or tax adviser to handle this on your behalf.
TIP: Helpful
as this is where no will is made, the message to practically all
of us is to make a will and leave a trail to the assets.
Note: See the Buffamante Whipple Buttafaro, P.C. ad on our web site
at www.legalmutual.com by clicking on “Legal Mutual Partners”
on our Welcome Page.
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