Legal Question in Tax Law in Missouri

Last week I received payment from an Insurance Company on an Annuity from my deceased Aunt. I intend to distribute the money evenly w/ my 4 siblings (in accordance w/ my Aunt's Will...). However, since I was the only one who signed the Affidavit requesting the money, a 1099 (for the Interest) will be sent to the IRS making it appear that I kept all of the money. Question 1: If my siblings agree to execute a Memorandum of Agreeement acknowleding they received their portion of the money and they're responsible for any taxes), can I simply declare my portion (1/5th of the Interest) on next year's Income Tax returns or will the IRS hold me legally responsible for the entire taxable amount, should my siblings not pay? Question #2: No one in my family has been able to locate our brother in over 20 years. We believe him to still be alive and living somewhere in Missouri, however, despite repeated attempts, I have been unsuccessful in reaching him. What am I legally supposed to do with his portion of the money? Thank you.


Asked on 2/11/14, 11:44 am

1 Answer from Attorneys

William Prugh Retired from Polsinelli PC

You raised a number of interrelated questions. To begin with, when you receive the annuity payment you should be able to hire a tax advisor or preparer to give you complete advice after getting all the facts. Here is a brief summary, but it does not replace getting professional advice. First, you are taxable if you receive the proceeds. Second, money you give to family members becomes a gift to them. While it may be a reportable gift on a gift tax return, there may be no gift tax involved if the very large exemption applies without any restrictions. Third, you generally cannot shift the income that is taxable to another person. But, that still works as you can pay the income taxes and make a gift to family members of the balance. Lastly, the missing person's share still belongs to him, and it may be necessary to go to court to try to find him or to determine where the money should be paid. In most cases, persons can be located through government or other records. Failing that, the money may ultimately be paid over to the state as unclaimed property. All that being said, there are may variable involved, all of the facts need to be ascertained, and professional advice is necessary in this situation.

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Answered on 2/11/14, 4:12 pm


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