Q. What happens to the Stimulus check of my loved one if they pass away prior to the check being received?

  • If you are married?
  • If the check was for your parent?
  • If the check was for your child?

A. The stimulus payment was issued based on an individual's 2018 or 2019 Income Tax Returns. This has resulted in payment to individuals who passed away after the return(s) were filed. It was initially thought that the government planned to allow heirs and spouses to keep the check. There have been no specific guidelines issued and the CARES Act, (Coronavirus Aid, Relief, and Economic Stimulus), does not have a "clawback " provision, which would give the IRS the power to take back the money. Therefore, for now it is unknown how this will be handled, we are awaiting guidance from the government. Although, the Treasury Secretary of State, Steven Mnuchin, has made statements indicating that he would want the relatives and estate to return the money.

It should be noted that, the Cares Act specifically excludes Estates and Trusts from the stimulus payments.

Share This Blog

Ask A Question,
Describe Your Situation,
Request A Consultation

Call (631) 756-6006 or fill out the short form below. We will usually respond within one business day and often the same day. Don’t hesitate. Your questions are welcome!

Practice Area Form
* Required Fields
Your Information Is Safe With Us

We respect your privacy. The information you provide will be used to answer your questions or to schedule an appointment if requested.

Follow Us On

135 Pinelawn Rd #250s, Melville, NY 11747
Questions or Schedule An Appointment? Click to Call (631) 756-6006

Contact Us

Schneider, Garrastegui & Fedele PLLC

Hours of Operation

Mon-Fri 9am to 5pm
Clients first entrusted us to help them with their estate planning and elder law issues over 30 years ago. Since then, we have expanded our practice to include real estate, but our focus continues to be on assisting clients with some of the biggest issues they will face in their lives.

Our Elder Law & Estate Planning Office in New York

© Copyrights 2023. Schneider, Garrastegui & Fedele PLLC. All Rights Reserved.


Powered by Law Firm Marketing Pros

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.

linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram Skip to content