[WSBAPT] Small Estate Affidavit and Retirement

[Doug Schafer]

I agree with Martin Silver. But if the retirement plan administrator will 
disburse only to "estate of decedent", then deposit the check in your IOLTA 
account for your client, endorsing it a "estate of decedent, by yourName, 
attorney". The assets owned by a person at death constitute their "estate" 
whether or not a probate case is opened and a PR is appointed. RCW Ch. 
11.62 is for successors to property of "small estates," so implicitly an 
"estate" exists whether or not a probate court case is commenced.

If the retirement plan administrator requires an EIN rather than a SSN, 
consider using your law firm's EIN, then be sure to file a Form 1099 
reporting that you were a nominee/middleman and that you paid the funds to 
your client. see https://www.irs.gov/instructions/i1099gi (search for 
"nominee/middleman").

Doug Schafer, in Tacoma.

On 3/6/2019 2:02 PM, Martin Silver wrote:
> 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 <mailto:jamia at jamiaburnslaw.com>
> *Sent:* Wednesday, March 06, 2019 12:41 PM
> *To:* WSBA Probate & Trust Listserv <mailto:wsbapt at lists.wsbarppt.com>
> *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 <mailto:jamia at jamiaburnslaw.com>
> www.jamiaburnslaw.com <http://www.jamiaburnslaw.com>
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