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

Asked over 2 years ago - 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. Steven M Zelinger

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  2. Kaye P Willi

    Contributor Level 8

    Answered . 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... more

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