Dead man or walkin' man?

[Black Bart]

I have (or had) a client -- retired, 75, single, his only income is a large pension and Social Security. Last year he was in great physical shape -- lives far off and rides a motorcycle here to file. He always extends; always picks up by Oct. 15th.

My problem: I don't know if he's dead or alive. He left his papers and then never picked up -- first time in about ten years. He always gets about $3,000 refund (arranges withholding to "save" money). I wrote three letters (no response) and made six calls to his cell & land line. Got voice mail which indicates somebody's paying the bills. I left multiple messages. He's typically slow getting back to me, but this is unusual. I mentioned the $3K in the letters (not the voice mail--no telling who's listening), but I'm sure he'd be expecting it even if he didn't get the messages. I called 10-14 and implied dire IRS consequences if he didn't show up next day, but to no avail. Nothing.

So...my problem: Maybe he's on a long vacation, but if he's died what the heck will I do with this tax return? I'd hate to let the refund expire, but he said he had hardly any family left. Here's the thing -- many people don't make wills or POAs, much less appoint an executor. If, say, a distant cousin-twice removed (or maybe just his best friend) without papers did show up later claiming the goods, our new disclosure rules won't let me hand it over even if they could prove he meant them to get his stuff.

I've always wondered about such a scenario, but this may be my first time to actually encounter it. Anybody got any ideas about procedure re third parties under such circumstances? If nobody ever shows up, then what?

[Snaggletooth]

I would send a letter certified mail. Someone will answer it or they won't. (Brilliant observation there). This will get a return receipt from SOMEone.

[WhiteOleander]

I would also send a certified letter. Then, if I received no response, I would keep everything I have for a long time. Years if necessary.

I would not give any info to anyone else that showed up until and unless they could show a Letters Testamentary or other court document giving them authority. Perhaps your client had a stroke or something. If he is incapacitated, then someone will have to go through legal channels to take care of their business.

All you can do is wait.

[Gene V]

Bart,
I had the same situation once, I use the following web site to find out if my client died and when. I’m not sure how long it takes to update the site. You can give it a try.

http://ssdi.rootsweb.ancestry.com/cgi-bin/ssdi.cgi

Just fill in the last name and SS# in the box on the left

[taxxcpa]

I sent a tenant an eviction notice by certified letter. They were never home when the mailman tried to deliver it. I finally e-mailed it which may or may not have the same legal standing. The tenant did finally move, but my point is that certified letters can't be delivered to an empty house.

[AuditorTurnedGood]

the client's name, and the town in which he lives. This might give you a hit in an obit if he has passed. I used to do this to figure out if potential non-filers were deceased before sending a nasty-gram to the surviving spouse (never a good thing) at MNDOR.

ATG.

[S T]

Thanks Gene, for posting that link.

I accessed the site and just typed in a name without the Social Security Number and could locate one of my client's that passed away this summer. Without the Social Security Number - it might retrieve more than one person with the same name.

Sandy

[Roberts]

I'm not listed on that site. I think I'll have a good weekend afterall.

[Black Bart]

I'll fire off a certified letter Monday. I don't have an email address on him (not sure he's even got a computer).

On the upside:
I checked out Gene's link and there's no record of his death.
Tried ATG's tip -- Googled name and town; no obituaries popped up.

Downside:
Searched the online member's list of a small Good Samaritan outfit he helped run -- the website's dead as of last summer.


W.O.: Re: "testamentary letters"-- even if it's okay with a court, I'm not sure IRS would accept such (you know how they are) and I don't trust anything except POAs. I'll just cope when somebody turns up -- until then it goes to my "no-show" file (lots of company there).

Roberts: You've got more nerve than I do to check your name on Gene's "dead" list. Ever see that movie "Sixth Sense" where the psychic kid tells Bruce Willis that lots of dead people don't know they're dead? What if I turned up on that list? Talk about spoiling a weekend...

P.S. Sure is an unfortunate turn of events from my point of view (to say nothing of his if he's gone) because I was sentimental about this (the fee's $250).

[WhiteOleander]

Yes BB. But POAs are not valid after a person dies. If they show up with the Letters Testamentary, that means that the court has appointed them to be in charge of the deceased final affairs. The IRS requires a LT from the representative to be filed with the final return.

[SFBOB]

My not give the police a call in his town. They would likly be happy to pay him a friendly visit. He may be laying dead in his home. I have a client that was contacted after his brother had been dead on the living room floor for 30 days.Good Luck

[Black Bart]

My "dead man" is walkin' after all. This morning he phones, says he'll be here in 15 minutes, shows up, picks up, pays up, and leaves with the promise to return next year. Sighhh....all is right with the world again.

Why did he not come months ago? Quote: "I just never got around to it." What is that Occam's Razor proverb -- the simplest explanation is the most likely to be true?

And just when I had a new conspiracy theory too. He's complained about the fee for two years (it is a bit much), but pride and honor demand that I not cut it to a reasonable amount. I figured he ordered duplicate 1099's, then shopped around, and had the dirty, rotten, low-down, inexcrupulous rat (whoever) do it cheaper.

The deep-seated faith I hold for my fellow man/woman/rat has now been completely restored -- I promise never to say another disparaging word about clients until the next one gouges me.

[ChEAr$]

I had/have a client (not sure about status as you will see) who always came in every third year to have those past three returns done. After all, she always got refunds, so what's the big deal?

Last time was in 2008 (for years 2005,6 and 7). By 2006 however, the daughter had done
flown the coop, so she owed a little for 2006 and a lot more for 2007. So I advised her to
come in on time from now on, but didn't see her (again) this year.

[Black Bart]

Originally Posted by WhiteOleander

Yes BB. But POAs are not valid after a person dies. If they show up with the Letters Testamentary, that means that the court has appointed them to be in charge of the deceased final affairs. The IRS requires a LT from the representative to be filed with the final return.

and here I didn't know a thing about this. I have a POA for my wife after I check out, but now you've undermined my whole game plan -- if it's no good and I can't get an LT 'til I'm dead, what to do?

Guess I'll have to go pay that lawyer after all instead of my DIY approach. Kinda like homemade taxes, ain't it? I'll bet you could lose the farm tryin' to save a few bucks on professional help.

Thanks, W.O.

And thanks for the story, Harlan. I see my clients aren't the only crazy ones.