Fiduciary, Trust Return

[G2R]

My grandmother passed away last year. I was named the executor of her estate.  Because of COVID , she wasn't able to see anyone to get her tax returns filed for 2019 to present, including a trust that she is/was the trustee. I now have to file those back years on her behalf, including the trust return.

My question is, do I file them and list her name as the trustee and sign POA (of which I was at the time). Or do I list myself as the trustee since I'm now the current trustee, regardless of not being the trustee during the 2019 or 2020 years?  TIA!

[Medlin Software, Dennis]

No specific answer here.  I can say, as an admin, I have been waiting over two years for a paper return to get processed.  If it ever does, then I have to try to again locate the heirs and forward the funds.  Make sure you ask the probate court for enough money, aside from any statutory amounts, to handle the tax aspects which are likely to drag out.

[Gail in Virginia]

My opinion would be that you sign as the successor trustee. You are not her POA any longer because of her death, she can't currently sign for the same reason so even if you were still POA you can't do something that she would not be able to do, and you can't back date them to a date when she was still alive and you were still her POA.  But that is just my opinion and I am not a lawyer. 

[G2R]

48 minutes ago, Gail in Virginia said:

My opinion would be that you sign as the successor trustee. You are not her POA any longer because of her death, she can't currently sign for the same reason so even if you were still POA you can't do something that she would not be able to do, and you can't back date them to a date when she was still alive and you were still her POA.  But that is just my opinion and I am not a lawyer. 

Thank you @Gail in Virginia -- that makes a lot of sense.  

[Catherine]

Yes, Gail has it right. You are successor trustee; your POA expired as of the date of her death.  And my sympathies that your grandmother passed away. Plus for the paperwork mess you are left to deal with.

[G2R]

14 hours ago, Catherine said:

Yes, Gail has it right. You are successor trustee; your POA expired as of the date of her death.  And my sympathies that your grandmother passed away. Plus for the paperwork mess you are left to deal with.

Thank you Catherine.  I appreciate that.