As a beneficiary to an estate am i supposed to receive a K-1 form from the estate before any stock dividends from my specific bequest have been distributed to me?

[blazintommyd]

May I demand a K-1 form from the estate and file it with the IRS myself?

[Carl]

There are many, many types of estates. But generally, if anything is distributed to benificiaries of an estate for the purpose of meeting the requirements of a will and/or dissolving the estate, a K-1 will be issued. As to weather you can demand, or if one is even required, that depends on the estate type and how it's set up. You need to ask the estate administrator these questions.

[blazintommyd]

the estate administrator and his private attorney are the problem

[ScruffyCurmudgeon]

In what sense are they "the problem?"  Asking you for a completed W-9 is simply their fulfilling their legal obligation.

[ScruffyCurmudgeon]

First of all, the K-1 is not due until the end of the Tax Year for the Estate. Generally, the Personal Representative (formerly Executor) could provide you a statement itemizing the elements of a bequest that is distributed to you, but as for the actual Schedule K-1, that will have to wait until the Tax Filing of the Form 1041 is done.  

Since you indicate that for some reason you are receiving stock dividends but you do not make clear if you have actually received the shares - and the shares are registered in your name and not in the name of the Decedent or the Estate, it is not clear if the dividends are being paid into the Estate and then being distributed to you, or if instead you are receiving them directly from the paying company.

If the Estate is following a Calendar Year, then the Form 1041 could reasonably be expected to completed when the Personal Representative has received all Tax Information Returns, such as Form 1099-DIV and 1099-B.  Since these may not be received until January 31 in the first case, and mid-February in the second case, the timing of when the Form 1041 can be produced will depend on the nature of the investment assets.  If the Estate is following a Fiscal Year different from the Calendar Year, then there may be further delay.

Lastly, the Schedule K-1 itself is not "filed' by you but is an integral part of the Form 1041 filing. You receive a copy and you extract the data from it and enter the date from it into your personal Form 1040.

[blazintommyd]

No distribution of assets or dividends has been made. And yet the executor's Lawyer is demanding that I file a w-9 form with his office claiming that if I don't disclose my ssn to him and his staff that I am subject to a whole host of IRS fines - Since these are purportedly to be issued by the IRS I would prefer to just pay the IRS whatever they're entitled to and avoid giving the lawyer everything he needs to attach everything I own. I have an appeal pending in regard to the estate itself. I am a beneficiary by specific bequest which is comprised of common stock that pays dividends. The lawyer claims in his demand letter a fiscal year ending 9/30/2016

[Carl]

The executor is right. No W-9, and it's possible that you will get NOTHING from the estate. The executor needs that information so he can prove to the IRS the assets of the estate have been distributed to those legally entitled to those assets.

[ScruffyCurmudgeon]

I am at a loss to understand your antagonism to what is in fact a mandated responsibility on the Attorney handling the closing of the Estate.  If the Estate followed a fiscal year ending in September, 2016, then a Form 1041 for the period 2015-2016 can be filed, but sounds as if assets have yet to be distributed and income continues to be received into the estate at this time.  So a short year return Form 1041 will likely be filed as well.  In order, legally, for the PR  to distribute the assets to you, particularly where there is the need to re-register ownership of the shares, you are required by law to provide that information.  As far as "pay the IRS . . ."  The only way the amount of tax liability can be determined is for the dividends to be distributed to you, a K-1 then subsequently issued to you, and then you file your Form 1040 and pay your required tax.

Again, having such antipathy to the process only delays your receipt of the dividends, delays your receipt of the shares, and increases the cost to the Estate because you are causing the closing attorney to spend more time dealing with you.

[blazintommyd]

there has to be some way in the USA to avoid disclosing my ssn to an untrustowrthy lawyer. If all you want to do is argue please refrain from this conversation

[ScruffyCurmudgeon]

You want the bequest?  Submit the SSN!
End of story!
You are attempting to circumvent Federal regulations and probably if your state has accepted the Uniform Trust and Probate codes, there is absolutely no way that the Estate can pay you anything because the PR (Personal Rep) has a liability to the Probate Court to fulfill and you are preventing completion of the execution of that duty.
You can "appeal" at your cost - which of course will be doubled because you will be paying your own legal costs while depleting the Estate part of which you inherit.

[VolvoGirl]

Maybe you could sign up for an EIN from the IRS to give out instead of your ssn?

[blazintommyd]

The lawyer is not the executor the executor is a separate person

[blazintommyd]

Thank you VolvoGirl I have no idea what that is but I'll look into it

[ScruffyCurmudgeon]

The Personal Representative has the liability to properly close the Estate, and the Attorney, presumably hired by the PR has the duty of care to the PR and the Estate.  Whether it is two individuals or one, it makes no difference.
Supply your SSN or walk away from the bequest.

[Carl]

It doesn't matter who the executor is. They are required by law to handle things as provided in the will if there is one, and in accordance with law. Your refusal to supply your SSN as legally required, only delays the process and costs incurred because of this, are paid out of the estate, which eats into your share. The more you delay, the less you get. Then when what you get reaches zero, the lawyer is done. He just files the paperwork showing the estate assets were eaten up in legal fees and there's nothing left to distribute. Then the lawyer gets ALL the money, and the benificiaries get nothing.
bottom line is, you're going to do what you want. You just posted here hoping to get support backing your position. Unfortunately, that's not the way the law works. We have no choice, while you do.