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Esteemed Contributor
Posts: 6,120
Registered: ‎03-29-2019

When I went to the mailbox today, I got an unexpected surprise.

 

 

 

In the mail was a check, made out to my dad, from the government, for $1,200.

 

 

In other words, my deceased father got a stimulus check.

 

 

 

 

 

I am his only heir.

 

 

 

 

 

I don't want to get in to trouble with the government.

 

 

 

 

So I figured that you smart ladies would know.

 

 

 

 

Am I legally allowed to keep it?

 

 

 

 

Would this be considered a part of his estate?

 

 

 

 

 

 

 

Thank - you!

The Sky looks different when you have someone you love up there.
Respected Contributor
Posts: 3,688
Registered: ‎05-30-2010

Goolge says you can keep it. Check it out.

Honored Contributor
Posts: 14,133
Registered: ‎01-02-2011

Steve Mnuchin says that check should be returned.  "Should" is the wording I saw.

Respected Contributor
Posts: 2,952
Registered: ‎11-22-2013

If you draw a government check and pass before the first of the month, your bank will return it as you or your estate is not entitled.  I would check on this before I spent it or you may end up in a mess.

Esteemed Contributor
Posts: 7,342
Registered: ‎03-30-2014

We are in this mess too.  Treasury says it must be returned.  IRS has not issued instructions.

 

A few tax folks feel that somehow the wording indicates it should be kept, but that is water cooler talk.

Honored Contributor
Posts: 20,247
Registered: ‎10-04-2010

Personally, I'd return it.  A power of atty is no longer any good and I doubt a bank would cash it for you, not being him, but that's me.  

Honored Contributor
Posts: 23,835
Registered: ‎03-10-2010

Re: What Do I Do With It?

[ Edited ]
Esteemed Contributor
Posts: 6,120
Registered: ‎03-29-2019

@Boomernichols wrote:

If you draw a government check and pass before the first of the month, your bank will return it as you or your estate is not entitled.  I would check on this before I spent it or you may end up in a mess.


 

 

@Boomernichols 

 

 

My dad died at the end of March last year.

The Sky looks different when you have someone you love up there.
Honored Contributor
Posts: 14,331
Registered: ‎11-03-2018

If surviving relatives who received a check for a dead loved one were wondering what to do, Mnuchin offered an answer Tuesday.

 

“You’re not supposed to keep that payment,” Mnuchin told the Wall Street Journal. “We’re checking the databases, but there could be a scenario where we missed something, and yes, the heirs should be returning that money.”

 

 

Trusted Contributor
Posts: 1,070
Registered: ‎09-23-2010

As I understand it as long as he was alive in 2019 and filed taxes in either 2018 or 2019 he will get a check. If you are his heir it is yours. Do you have an EIN number for him?? I had to get one for my Mom when she died in 2019 so checks she received after death could be cashed.