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Ruke00
Apr 19, 2008, 07:41 PM
Today is 12 weeks that my momma passed away. My father passed away in December. At their wishes I had them both cremated and laid to rest on Feb 7th, 2008. They were both living in "Assisted Living" AKA: Nursing home. I was POA to both my parents when they were alive. After my father passed, due to some horrible internal family problems with another sister of mine, my mother demanded a Last Will and Testament. I got one for her, had her sign it, witnessed twice and notorized. All on the up and up. I had to wait 10 days after her passing to probate the will, but in my grief, I took more time. Finally I had her will probated. I also requested and paid for copies as I knew I would need them. Momma had absolutely NOTHING. No home, no savings. Just the small little nick-nacks and her clothes. But what she did have coming was her Federal Income Tax. I went through a CPA and filed her taxes. Of course I had to send in the necessary forms. Along with a 1310 and an 8822 form. Along with her death certificate and a probated will. Momma had no debts as she was living in the nursing home and didn't have any credit cards, loans... etc. Now the IRS (Federal Government) saw all this was in order and sent me, the Executor, the over-paid taxes. Close to $5,000. I went to my bank to deposit the check. It has pay to the order of... My Name and next to that Executor. Underneath my name is my Momma's name. The branch manager came out and with an extremely condensending, rude and all around lousy atitude told me I could not deposit this in my account and that I had to open an Estate Account. I was FLOORED. She babbled something about going to court and I just fell into a fog. I left... in tears of course. Momma wanted me to have this. And with paying for a double funeral, I have absolutely nothing. My electric was turned off. Thank God my Church helped me out. And the Food Pantry put food in my house. Does this mean I don't get the tax refund? I'm at a complete and total loss about all of this. Any help or information would be greatly appreciate.

Blessings Always...

ScottGem
Apr 19, 2008, 07:45 PM
Go back to the probate court and get a statement that you are executor. Then go to another bank and open an estate account. Deposit the check, and either withdraw it as cash once its cleared or write a check to yourself and deposit that in your account.