[WSBARP] Stimulus for the departed

Jeanne Dawes jjdawes at goregrewe.com
Tue Apr 28 17:14:32 PDT 2020


It looks like the government is going to be wanting the money back.  This article doesn’t say how to send the money back.  Who knows what will actually end up happening.

https://thehill.com/policy/finance/495122-mnuchin-says-heirs-should-return-coronavirus-payments-sent-to-dead-people

Jeanne

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From: wsbarp-bounces at lists.wsbarppt.com On Behalf Of Claudia A Gowan
Sent: Tuesday, April 28, 2020 10:07 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Stimulus for the departed

Tom, your inquiry gives me a chance to return the favor of input that I have received from others of our colleagues.

Under the enabling legislation, an estate or trust is not an “eligible individual” for purposes of receiving the relief.

At the same time, to date, the IRS, when asked, has not commented on whether they would attempt to collect or assess penalties related to receipt of the relief check and at least as to this point, they don’t seem to have issued any guidance on the matter. In short, there doesn’t seem to be a definitive answer as to whether to keep the check or return the check, other than the plain language of the enabling legislation.

Best, Claudia


Claudia A. Gowan

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Tom Westbrook
Sent: Tuesday, April 28, 2020 9:55 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Stimulus for the departed

Ron and all,

So I have an interesting one. IRS sends the check made payable to Joe Blow, deceased and to the PR by name. It was mailed to PR’s address. Seems like the IRS obviously knew he was deceased from my client setting up an estate TIN but no one is checking to make sure no checks are sent to a deceased person. My plan is to return to IRS in Ogden unless someone has better advice.

Sincerely,

Tom

Thomas J. Westbrook
Attorney at Law

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Ronald L. Coleman
Sent: Friday, April 17, 2020 9:13 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Stimulus for the departed

Same thing that was done with soc sec checks that arrived after the recipient had died (back when checks were not all direct deposit):  send them to the local soc sec office advising that the recipient is deceased.  Keep a record of doing so.  If the funds were received by direct deposit, I would merely contact local office (when they get back to work) and ask for instructions.

Ron Coleman

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Christie Martin
Sent: Thursday, April 16, 2020 4:23 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Stimulus for the departed

Anyone else receiving these checks for deceased persons?  And I’m referring to folks who passed even in 2018….

What do we do with it?

Thanks!



Christie L. Martin | Martin & Richards, PLLC
Attorney at Law

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