AlbanyConsultant Posted October 29, 2021 Posted October 29, 2021 A participant in RMD pay status passed away this year, and her plan beneficiary is her estate. However, the estate is not responding to the plan paperwork to have the RMD processed. What can be done? I know there's generally a 50% penalty to the participant if the RMD isn't paid by 12/31/21, but I don't think the participant herself cares at this point - would the penalty pass through to the estate? Thanks.
ESOP Guy Posted October 29, 2021 Posted October 29, 2021 Why don't you just send the estate a check? It is an RMD you don't need paperwork to pay it.
Peter Gulia Posted November 1, 2021 Posted November 1, 2021 If the plan compels an involuntary distribution and you have the estate’s taxpayer identification number, pay the required distribution (as ESOP Guy suggests). If the plan compels an involuntary distribution and you lack information needed for tax-information reporting, consider suggesting that the personal representative seek his or her lawyer’s advice about the representative’s personal liability for the estate’s loss that results from a failure to collect an amount due the estate and for an excise tax that could have been avoided. Luke Bailey and RayRay 2 Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
AlbanyConsultant Posted November 5, 2021 Author Posted November 5, 2021 On 10/31/2021 at 8:23 PM, Peter Gulia said: If the plan compels an involuntary distribution and you have the estate’s taxpayer identification number, pay the required distribution (as ESOP Guy suggests). If the plan compels an involuntary distribution and you lack information needed for tax-information reporting, consider suggesting that the personal representative seek his or her lawyer’s advice about the representative’s personal liability for the estate’s loss that results from a failure to collect an amount due the estate and for an excise tax that could have been avoided. This is the problem - I believe the plan sponsor does not have the estate's TIN. Thank you both.
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