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Question

I recieved a portion of my mothers retirement funds after her death, 1) Does this money have to go to her estate,is it mine or do I need to be put into a retirement account in my name. 2) If I cash the check, do I have to pay taxes and a penalty to the IRS.

Submitted: 16 days ago.
Category: Tax
Value: $15
Status: CLOSED
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State/Country relating to question: Ohio

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Posted by RD 15 days and 22 hours ago.

Answer

Did you receive a distribution from the retirement account? Were you a beneficiary on the account? If yes, than you will receive the money. You do not have to put in a retirement acc0unt in your name.

If you cash the funds than you will owe tax on the distribution amount your receive. The tax will depend on your total income and tax bracket. There is no penalty on such distribution.

Let me know if you have any question.

Please note: This advice is provided with the understanding that all the relevant facts have been provided by you. Any change in facts might affect the advice given and hence may not be relied on in such cases. Nothing contained in this reply was intended or written to be used, can be used by any taxpayer, or may be relied upon or used by any taxpayer for the purposes of avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code of 1986, as amended.

15 days and 22 hours ago.

Reply

I recieved the money from her retirement account, the account was divided between myself and my two siblings, who were all beneficiaries. One of the siblings, the executor, insists that i have to sign the checks over to her, saying it belongs to her estate, and doesn't go to me, but the checks came to me in my name. I don't understand how it could be the estates, when it came to me as one of the beneficiaries.

Accepted Answer

If it came to you as the beneficiary than it does not belong the the estate and you can keep it.

The estate may have a claim on it if the estate does not have sufficient assets to pay off the estate tax liability.

Let me know if you have any question.

Please note: This advice is provided with the understanding that all the relevant facts have been provided by you. Any change in facts might affect the advice given and hence may not be relied on in such cases. Nothing contained in this reply was intended or written to be used, can be used by any taxpayer, or may be relied upon or used by any taxpayer for the purposes of avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code of 1986, as amended.

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Expert: RD
Pos. Feedback: 99.4 %
Accepts: 
Answered: 11/6/2009

Certified Public Accountant (CPA)

CPA, MBA, Over 10 yrs of experience in tax planning and business consulting..

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