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Did this person have a PoA or legal guardian while alive? If so, this is who had the authority to file their taxes. An "entity" does not have the authority, it has to be an individual.

After a person dies, the Personal Representative is the one who files the final taxes and manages the probate, if their estate requires it. Upon death, the PoA role ends immediately. If they had a court-assigned legal guardian while alive and there was no Will with no Executor named, then the guardian would work with the courts to process the final paperwork (and also the Medicaid Estate Recovery Program, if applicable).

If no one in the family was the PoA, legal representative or PR, then no consent from them is legally required by whomever does have the legal authority to submit the taxes.
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Reply to Geaton777
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We had a question similar to this a long time ago but I don't think the OP ever updated us on what happened.

Did you ask them why they had that authority? Was the person on Medicaid? If so, my Mom only brought in 1700 a month. She paid no taxes per the IRS because most of that was SS and below a certajn income level.

Really, they had to have authority to do that. My Mom was in a NH 5 months before she passed. As far as I know, the NH filed no taxes. Did you find out this was done because you or a family member tried to file? I have to agree, that maybe the State had taken over her care. Really, if this person was on Medicaid all they had was SS and maybe a pension. I was told by my tax preparer that doing taxes for my Mom, Medicaid, after her death would only get her a credit of maybe $300 and I had to pay the preparer. Was it worth the hassle, no. Let the government keep it.

What I am saying is if the NH got anything, it was not much.
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Reply to JoAnn29
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Quite honestly, unless the Nursing Home is the Court appointed Fiduciary for someone, which they may be in some rare and unusual circumstance, I cannot imagine how they can file final taxes and close the estate of an elder.

Is there a family POA here? An Executor? A court appointed Administrator of an intestate deceased? Are there any assets? Who was managing the care of this elder?
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Reply to AlvaDeer
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