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I am my Mothers POA. She filed her one time $100.00 State return. She passed before receiving the check. Am I eligible to deposit it my account to help with her expenses? I don't want to be arrest & or fined by the government. I've tried calling IRS, can't get a response.I am my Mothers POA. She filed her one time $100.00 State return. She passed before receiving the check.

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Never heard of the one time $100..
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Pam, good point on the POA ending at death. I forget that every once in a while!
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Well POA ends at death. We filed a "voluntary administrator of small estate" form at the county courthouse. Filing fee was only $1. That allowed us to open an estate account at the bank.
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I'm just guessing, but generally taxes and credits are based on the previous year's income, so I think the estate would be entitled to keep it. Since it is such a small amount I doubt they would come after you with the big guns if they want it returned, and you should easily be able to cover the amount.
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It is a one time State Tax return of $100.00. At least that's what the tax form said. She had no will! I have the check in my possession, I just don't know what to do with it. I tried calling the automated number attached to the check. Nothing that pertains to my question was on their list.
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I don't understand what a "one time $100.00 state return" is. Could you explain?

If the check is in her name, you should research the state treasury's web site and find out what forms you need to deposit it in an account for your mother.

You mention the IRS; I thought you filed a state return? Or is this a federal return? If the latter, form 1310 is required to get a refund due to a deceased person. You'll have to read it carefully to see if you need to complete an IRS POA form as well, or send other documentation. It's been years since I filed one but I do recall having to provide some documentation as to my authority to receive the refund.

I don't know why you couldn't get a response from IRS, if this is in fact a federal return and not a state return.

Did your mother have a will? If so, and if you've opened an estate account, the funds should be deposited in that, and should be paid toward her expenses.
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