pk
Level 15
Level 15

Business & farm

@4ehano , 

As I understand your situation ( thank you for answering my questions):

(a) Two of the  four siblings were on the deed of the property prior to the passing of the decedent --- note that if that is the case then   depending on how the actual language of the deed, there may be no step-up ( at the passing of the decedent ) and all or none of  the asset may be part of the estate.  Please check with your lawyer and/or inspect the  documents involved

(b) For familial reasons the other two  siblings  ( those not on the  deed ) have been given a cash  "gift / inheritance " by the  "owning" siblings.

Thus , and assuming that there is nothing of value being provided  by the recipients in exchange ,  this is a  case of inheritance distribution or a gift. 

(1) If the lawyer determines that this is an inheritance sharing then there is NO form to be filed -- no 1099s etc.  Please see the exact language in the agreement.

(2)  If this is a gift by one / more  donor to another  donee then the donor  may need to file a form 709 recognizing the gift ( above the free annual limit per donor per donee ) and this will count against the donor's life time  gift/estate free amount.

Personally I think this is a sharing of in heritance and therefore needs no filing.  IMHO

 

Is there more I can do for you ?