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jmitch64
New Member

Executor of estate to receive 1099 for monies to be distributed among heirs

My husband, as Executor of Estate, has received a sizeable check from Delaware Unclaimed Property for Oil & Gas production on some wells his grandfather had mineral rights to. The monies will be split to 3 heirs, my husband being one, however, we are told that we will receive a 1099 for the entire amount since the check was written to my husband. What do we do about that come tax time??????? Thank you for your help.

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3 Replies

Executor of estate to receive 1099 for monies to be distributed among heirs

if the estate is still open, he could deposit the check to its account and then write a check to each of the beneficiaries. this would require filing a 1041 and k-1s and issuing a 1099 that to the estate. the 1099 would be filed with transmittal form 1096. These forms can be obtained from IRS website. the 1096 must be the official IRS form. on his 1040 schedule E, to avoid a notice I would show the income in and out. 

 

if its closed, he will have to issue form 1099 of the same type he received to each of the other 2 heirs. Most likely this will be 1099-MISC. each would report 1/3 of the total. The issue is getting their Social Security numbers. the 1099s would be filed with transmittal form 1096. on his schedule E where apparently the 1099 will be reported he would show the gross on the 1099 as income and also take a deduction for the other 2/3. verbiage might be "less to others"

 

To order official IRS information returns, which include a scannable Form 1096 for filing with
the IRS, visit www.IRS.gov/orderforms. Click on Employer and Information Returns, and
we’ll mail you the forms you request and their instructions, as well as any publications you
may order.
Information returns may also be filed electronically. To file electronically, you must have
software, or a service provider, that will create the file in the proper format. More information
can be found at:
• IRS Filing Information Returns Electronically (FIRE) system (visit www.IRS.gov/FIRE)

 

on schedule E where apparently the 1099 will be reported he would show the gross on his 1099 as income and also take a deduction for the other 2/3. verbiage might be "less to others"

jmitch64
New Member

Executor of estate to receive 1099 for monies to be distributed among heirs

Thank you, Mike! I appreciate you taking the time to answer. Estate is closed, so we will go that route. Again, thank you!!

jmitch64
New Member

Executor of estate to receive 1099 for monies to be distributed among heirs

Delaware just replied that the 1099 will be in the name of the Estate. Do you have suggestions in that case? Thank you!

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