Who am I??

[BeStVeldboon]

What is the name of your state (only U.S. law)? California

I just received the tax forms my brother was given when he had my Mom's taxes done (Mom passed away in December of 2007). She did not have a will, but she did have a trust. My brother told me that the IRS sent them back to him because they needed to be signed by the executor, which is me (I am also a trustee) In trying to do her taxes I am asked if I am a "personal respresentative" stating that "For purposes of this form, a person representative is the executor or administrator of the decedent's estate, as appointed or certified by the court. A copy of the decedent's will cannot be accepted as evidence that you are the personal representative". The lawyer notified all the necessary agencies upon Mom's death. The person who prepared Mom's taxes specified that I am the personal respresentative for the estate. My Mom did not leave a will, she left a trust. I have no proof from the courts that they have appointed or certified me as the executor or personal representative of my Mom's estate.

My question is this:
Upon notification of a the death of a person with a trust, does the court automatically appoint whoever is specified in the trust as the executor or personal representative?

The other option I have is to say I am claiming the refund for my Mom's estate. (Actually, this is the box I woulld think that I should check, and I would have had my tax person not told me otherwise.)

I do have one more quesiton.

I have opted not to put Mom's house on the market until the economy is better. Because of my decision, do I need to now do a tax return for the trust account?

I know thes are not the most challenging of questions, but if you can clarify them for me I would really appreciate it.

Thank You very much for your time and consideration.

[tecate]

You are probably a "person in possession," and as such, can sign the return. There is another recent thread on this subject.