Help with missing (?) 1041 K-1

[Kea]

When client sent me their documents for their individual return, he included a couple of items related to his late mother. They included HUD 1 from sale of her house (not the 1099S) & interest on a life insurance policy (not a 1099 INT, but the letter explaining what was included in the check). These documents were in his brother's name.

I asked if he had or will receive a K1 from his brother (who is the executor) and he said they are no longer speaking.

I have found out that they did sell the house in their own names (not the mom's or the estate's).

I don't know if there would be anything else to be on the 1041 (that's all he's provided me) and if he isn't able to get any info from the executor, what is the best way to proceed?

Put return on extension & try to determine this summer if a 1041 was filed?

Can client file 1041 (if brother didn't) even if he isn't executor?

If client *knows* there would be no income to include on 1041, then we can go forward.

Thanks!

[gfizer]

At least in our area the attorney who is handling the estate also takes care of arranging for the filing of the fiduciary returns. I would ask your client if he knows who the attorney for the estate is and then contact him/her to inquire as to whether or not a return has or will be filed.

[Kea]

Thanks.

[Gail in Virginia]

Not all states require an attorney to handle an estate. In Virginia the executor handles everything and just files th inventory and accounting with the commissioner of accounts, who may be the only attorney involved. I have never known the commissioner of accounts to mention to the executor that they need to file a 1041.

[kcjenkins]

Yes, my state does not require an attorney, either. But it's always a good starting point to ask. I would not file a 1041 unless its for the executor. I'd rather file a Scd D showing the money from the sale of the "inherited" property, and move on. If a 1041 does show up later, [doubtful] deal with it then. Given that you do have info on the sale, etc, odds are there will be no problem.