Skip to main content

What heirs are entitled to anything from the IRS? What happens when the administrator didn't give the IRS some of the heirs soci

San Francisco, CA |

..didnt give the IRS some of the heirs names & social security numbers? Plus no notice of the probate hearings? What can the heirs do about it? TY~

Attorney Answers 2


  1. I am very unclear as to exactly what this question is about? If there is an income tax return for the estate there is rarely a refund - if there were it would be a part of the estate and distributed to the heirs under the will or state law at the direction of the executor/administrator. If there is income from the estate/trust reportable by the heirs (income from an inheritance) they should receive a K1 and it is that person's responsibility to file their own taxes.

    Regarding notice of probate hearings that is a separate thing completely from the IRS issues. If a beneficiary is unhappy with the actions of an executor, they are free to challenge their actions via an accounting or removal action. You would need your own attorney for this.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  2. You asked two different questions: one deals with state probate law notice requirements and the other deals with IRS requirements.

    With respect to the requirements of the Executor / Trustee to provide IRS with the Social Security numbers of heirs / beneficiaries, this information is required for Schedule K-1 of IRS Form 1041, the fiduciary income tax return. Schedule K-1 of IRS Form 1041 reports the various beneficiaries' shares of the taxable income from the estate / trust. Occasionally, an heir or beneficiary will refuse to provide the trustee / executor with his/her Social Security number. When that happens, and the trustee/executor files the 1041 without all of the Social Security numbers for all of the heirs / beneficiaries, the estate / trust will be penalized a certain amount for each missing Social Security number. Last time this happened to me (it was several years ago) the applicable penalty amount was $50 for each missing SS number.

    LEGAL DISCLAIMER Ms. Willi is licensed to practice law in the state of OH and she maintains an office in Franklin County. Ms. Willi is an OSBA board certified specialist in estate planning, trust and probate law. She is admitted to practice before the U.S. Tax Court, and she is authorized to handle IRS matters throughout the United States . Her phone number is 614-890-0500 and her website is www.willilaw.com. Ms. Willi is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. This response is a form of legal education and is intended only to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Ms. Willi strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics