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I just received a partial distribution of an inheritance but…

Customer Question
I just received a...

I just received a partial distribution of an inheritance but there is nothing on the check that says "Partial". The note attached says that this is personal income & I will receive 1099.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

North Carolina

Lawyer's Assistant: What documents or supporting evidence do you have?

I don't understand the question

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The executor has not sent a check to one of the heirs. He says he is issuing papers to force him to give up his inheritance. He has not received the papers yet. The executor has been very lax in his duties.

Submitted: 8 months ago.Category: Estate Law
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Answered in 5 minutes by:
11/16/2017
Estate Lawyer: LegalGems, Attorney replied 8 months ago
LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 13,653
Experience: Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Estate Lawyer: LegalGems, Attorney replied 8 months ago

This is the form that typically accompanies a distribution:

http://www.nccourts.org/Forms/Documents/424.pdf

It helps from an accounting perspective but is not legally required by statute:

https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_28A.pdf

Generally when a 1099 is issued by an estate, it is because there was income earned on the property (ie stock, bonds) and that earning date was post death, so it is not part of the decedent's last tax return and is taxed as income to the heir.

An executor cannot force an heir to give up their inheritance; an heir can disclaim an inheritance if they wish but the executor cannot force that.

The executor is a fiduciary. A fiduciary duty means that the person in the fiduciary capacity owes a duty to the other person- and that the fiduciary must act in good faith, with the best intentions, to preserve any property that is at issue. Failure to act in this manner (essentially, a trust/guardian) is considered a "breach" and can result in:
1. removal of the fiduciary
2. sanctions (ie fines, award of attorney fees, etc)
3. damages (economic liability for the damages suffered by the party to whom the duty was owed)

If there is concern about fiduciary issues it is best to have an attorney represent the heir so they can put forward the necessary evidence for a successful outcome.

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