What to do if the attorney that acted as executor and personal representative of my father’s estate will not provide copies of final 1040 and father’s 1041?

I would like to receive copies of certain documents prepared by executor or the person he selected to prepare these documents. They are my father’s final 1040, my father’s 1041, the form 56 and other relevant forms that might help me prepare my tax return. Executor/attorney refuses to give me copies. Do I have right to to demand these?

Asked on July 19, 2012 under Estate Planning, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is noit up to the attorney of your father's estate to provide you with the tax returns that you desire. Rather, it is the estate's executor to provide such to you. If you are an heir under the estate you are writing about, you have a right to these tax returns.

I would write the executor a letter asking for the returns by a certain date and the reasons for the request. If you are not provided the tax returns by the designated date, I would consult with an attorney about what legal recourse you might have for obtaining the items you want.

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