It's not like it's a person...sitting there trying to decide ...should she or shouldn't she...it's a machine...

Would it be legal to put it into her estate?

Check with the tax person--if it goes into the estate, and maybe could be donated to a charity.

Just one person's opinion--but the machine should NOT be programmed to give checks to dead people. Her taxes were filed, clearly labeled that she was deceased, and this letter acknowledges that fact.

When the check arrives, it will go into the estate account. It's NOT legal for me to do anything but divide this money among the heirs. I cannot--as executor--make the decision to donate this to charity. As executor, I've got the fiduciary responsibility of doing exactly what her will specifies--no more, no less. It's illegal to do otherwise. So looks like we'll each be getting an extra $75 when I make the final distribution. Well, it's a nice dinner out with our spouses--something Mom would approve of. She LOVED going out to eat.

It would be considered as part of her estate.Since you are the executor of her estate and the one who prepared her taxes it was sent to you.She was entitled to receive it just as she would have been entitled to any IRS tax refund.It should be divided between her heirs.Like Ruthie said,it is done by a machine,not a human.It would be no different than any other income to an estate after someone passes.I'm sorry you are so upset about it.I know how hard it is to lose a mom and things like that don't make it any easier.

no logic or sense to the 'stimulus' check when we had to borrow the funding for it from foreign countries basically. we are sooo far in debt to other countries, they pretty much own our butts, and this last time we needed bailing out very few countries would come to our aid. just like govt to hand out cash we don't have then in a few yrs when social security, medicaid and medicare are bankrupt (predicted by our own govt) we can tell people who need those programs you got your piddly cash in 2008 didn't you, well that is your benefit? ~ liz

if your mother was living in any part of the year you filed for, then she should be eligable. look at it as if you'd filed and got a return on her taxes...just better be sure you still have power over signing the check in case it's made out to her...i had a heck of time with a couple of checks that came in after mine passed...

i'd forgotten this is the second time bush has had to do this... only the first time was about $300, in 2001...

But isn't the stimulus check an advance tax credit for your
2008 tax return? Meaning instead of getting it in 2009, you
get it now. And the deceased person won't be filing a 2008
tax return. So how can she get an advance tax credit on it.

I am wondering about these questions since my son moved into
our house in January. We didn't get anything in our stimulus
check for him, but he will be claimed on our 2008 return.
My understanding was that any child born (or moving into
your household) in 2008 would be counted on your 2008 return
and the extra stimulus amount will be settled on that return.

Mind boggling for a bear of very little brain.

Pooh Bear

Exactly MY side of the argument, Pooh. 2007 'filers' came into play because they had to get a list of names somewhere. But my mom won't be filing her 2008 return.

And really, there should be a line drawn somewhere, shouldn't there? If this is basically a bonus for stimulating the economy--if that's truly the purpose--then it should be sent only to the living, IMO (of course, if the government checked with me before they did anything, they'd be running more efficiently, and more cheaply--LOL).

As to cashing it--I'm her executor. All I have to do is deposit it in the estate account. No problem there, I've been doing that right along with various checks that have come in.