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Deceased Taxpayer's daughter has Power of Attorney for deceased. Does a Power of Attorney satisfy the requirement for the certified personal representative for IRS ?

howard27
Level 1
Form 1310
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sjrcpa
Level 15

No. A Power of Attorney dies with the death of the grantor.


ex-AllStar

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sjrcpa
Level 15

No. A Power of Attorney dies with the death of the grantor.


ex-AllStar

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TaxMonkey
Level 8

A power of attorney does not make someone the estate representative, which is governed by state law.  But in general, unless someone is specifically appointed in the will or by court, then whoever is in actual or constructive possession of any property of the decedent is the personal representative.  In other words, formal paper work is not generally required.

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