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StevieBradley Asked June 2015

Can I file a deceased persons taxes from 15 years ago?

I was 15 when my father passed away and I just seen that you could file a deceased persons taxes when I discovered this year he had a unclaimed insurance policy. I was too young to know back then and hopefully my mom didn't even know to do it because she would've taken if she didn't back then. He did not have a will but I was the only living heir and everything went to me. Is is possible to file his last taxes? He worked up until February of 2000 and I believe he was too sick to file 1999 taxes. Is there a way to check and can I file a tax return from 1999, 15 years ago?

GardenArtist Jun 2015
Here's the info supporting VegasLady's advice, in case you want to read it:

•There is no penalty for failure to file if you are due a refund. But, if you wait to file a return or otherwise claim a refund, you risk losing a refund altogether. An original return claiming a refund must be filed within 3 years of its due date for a refund to be allowed in most instances.

•After the expiration of the three-year window, the refund statute prevents the issuance of a refund check and the application of any credits, including overpayments of estimated or withholding taxes, to other tax years that are underpaid. However, the statute of limitations for the IRS to assess and collect any outstanding balances does not start until a return has been filed. In other words, there is no statute of limitations for assessing and collecting the tax if no return has been filed.

http://www.irs.gov/taxtopics/tc153.html

I would forget about trying to get a refund and just focus on getting the insurance policy information.

As I read the provision, if your father by some chance did owe funds and you filed a return (assuming you have the income and expense data to do so), if taxes were owed the IRS would expect them to be paid.

I think you'd be opening a Pandora's Box by filing at this late date.

vegaslady Jun 2015
The website for unclaimed property is wonderful and you can check for property in Canada as well as the US. Try unclaimedpropertydotorg. Easy to use. When I went to claim my $12.24 the lady in front of me was getting over $8000.

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vegaslady Jun 2015
IRS won't give a refund because the three year deadline for filing and getting a refund is long past. Forget it.

MaggieMarshall Jun 2015
I think you should call the IRS taxpayer help line. (Trying to think of an inexpensive way to get the answer for you.) 800-829-1040. Explain to them that you were a child when your dad died, and you are now wondering if his last return was filed and if he may have had a refund due. It's also possible, if dad wasn't married, that there's a $225 Social Security death benefit you can claim. When you call, try to have his Social Security number available as well as, at least, his exact date of death. Be sure to have pen and paper at the ready when you call so you can take notes.

I think they'll be able to help you.

God bless you for making lemonade from lemons. I wish you the very best of luck.

BarbBrooklyn Jun 2015
I'm still not getting the connection between the insurance policy and the taxes. If the policy was left in your name, it's yours. You were a minor at the time of your dad's untimely death and presumably were not the executor, thus you had/have no responsibility with regards to his taxes at that time.

StevieBradley Jun 2015
Thank you Maggie. I found out about the insurance policy from the 'unclaimed property' in our newspaper. I contacted the courthouse and they refered me to the website to claim it and my name was on it. As for the taxes, I honestly dont know if he had to pay in or would have got a refund. I was young and didnt pay attention to that sort of stuff. I know he was a boss in the department he worked in and full time plus hours, he got medical assistance insurance because of me and as far as I know he never owned property and had his debts paid off. So I dont believe he had to pay in anything. What I have been finding is 3 years but thats all estate and probate. About a year after he passed I found that he still had money in the bank which I recieved. My mother took or sold everything of my dads after he passed and I would just like to see if he does get a return back that it went to me and not my greedy selfish mother. I lost more than just my father that year and the money and items my mother took when he passed, knowing what my fathers wishes were for his daughter, I lost my mom too. It isnt about the money so much as the principle and idea that he didnt bust his butt everyday to make sure I had a life and things that I needed. He was a 'give you the shirt off his back', regardless if he knew you or not kind of person and I believe that, just because the good die young, the living shouldnt have to suffer more because of bad people. My husband and I started a after school support program at my sons school for children that have a drug addicted parent/s Mondays and Wednesdays and for children that have lost a parent/s or loved one, Tuesday, Thursday and Friday. If he does have a refund and I can still file and claim it, we could be able to get our own building and comfort supplies. I know you didnt need to read all this but I just feel that if good things can come out of tragedy...then we still have a chance to make a better world. Even if its just having a place for a kid to go to get their mind off things, cry, vent, be creative or inventive or just have a friend. Before my dad my childhood was terrible and after my dad it was just as bad except I made way too grown up decisions but it made me want to help kids in the similar situations know that it doesnt always have to be terrible and there are people that care. Again I apologize for the maybe too much information, and I want to thank you for taking the time to read and try to answer my question. Any information is useful...even if it doesnt get you anywhere, it can take you places and show you things you didnt know. So again...Thank you MaggieMarshall!

MaggieMarshall Jun 2015
Question. Why would you want to file his taxes? It occurs to me that, if he had a refund coming, you might want to do that. In my opinion, you need professional advice on this matter.

As to an insurance policy, regardless of whether or not you were his only heir, the only thing that matters on the policy us whom dad named as the beneficiary proceeds. If he named someone besides you, you aren't entitled to any proceeds.

If you have the policy number or company name, you may be able to contact them to see if you are the beneficiary. The insurance company will want to see a copy of his death certificate.

Hope some of this is helpful.

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