my husband passed away and we never filled out power of attorney forms before hand; I now need to fill out some papers where they will not just accept his death certificate. I am filling out class action papers against a mortgage agent for property that we owned together. I have to fill out papers that authorizes the IRS to see our tax papers for one particular year.Please advise what forms I will need to prove that I can sign for him.
1 Answer from Attorneys
A POA cannot be used as it would have terminated upon your husband's passing. If the property was owned jointly with right of survivorship, you should be able to pursue the class action as the sole current owner. If the tax return was filed as a joint return you can apply at the IRS web site (IRS.GOV) and get a transcript of the return, or file 4506EZ-T and get a copy of the return. There may be a fee for more than the transcript. Finally, if you have been appointed Executor or Administrator of your husband's estate, a Surrogate's Certificate should be all you need to act on behalf of the estate.
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