Menifee, CA asked in Estate Planning and Tax Law for New York

Q: Can tax return note distribution to a Fiduciary if she will not give EIN number for estate?

Distribution paid from an Estate to an Estate. Check distributions were paid to Fiduciary of my brother's estate from my father's estate. In filing Estate income tax return for my father's estate, distributions were claimed as being paid to beneficiaries, however, the Fiduciary of my brother's estate will not provide EIN number or has not established one. This Fiduciary is wife of brother and is the sole beneficiary of his estate (she is not a beneficiary of my father's estate). My accountant has still figured this distribution into the accounting of my father's Estate tax return and has noted the name of my brother's Estate and the address as beneficiary, though he did not include the name of brother's Fiduciary who lives at the same address of the Estate. My accountant still has me filing the returns without the EIN number of brother's Fiduciary. Will the IRS not accept the filing in this manner? Do I still have a right to claim the distribution without the ID number?

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: You should not have made the distribution without getting the EIN number for the return. When you get a receipt and release you should also get the EIN number. However, the IRS will accept the return.

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