[WSBAPT] Small Estate Affidavit and Retirement

[Martin Silver]

I think you should explain the function of the affidavit is to avoid probate, and the form of affidavit generally says no probate has been opened and the affiant has given notice, etc., and is entitled to the receipt of the funds.  therefore the EIN should be the affiant’s SSN.  That should satisfy the dummies that their perceived need to issue a 1099 is satisfied if the affiant’s no. is used.  The IRS needs no more than that they know where to tax an amount if a tax is due.  

From: Jamia Burns 
Sent: Wednesday, March 06, 2019 12:41 PM
To: WSBA Probate & Trust Listserv 
Subject: [WSBAPT] Small Estate Affidavit and Retirement

Potential client's spouse died. She was not listed on his Boeing Retirement as a beneficiary. Boeing will accept a Small Estate Affidavit, but they are demanding an EIN for the Estate. The online form at IRS.gov requires that probate has been opened to get the EIN for the Estate. Even if we get an EIN, then they will write the check to the "Estate of decedent" and surviving spouse will not be able to cash it. Any advice greatly appreciated!  

Jamia S. Burns
Attorney at Law
(360) 739-6379
Office: 1200 Dupont St., Suite 1-D
Bellingham, WA 98225 (By Appointment Only)
Mail: P.O. Box 29453
Bellingham, WA 98228
jamia at jamiaburnslaw.com
www.jamiaburnslaw.com

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