STAR REBATE sent to deceased. What to do?

Hoping someone can help me wit this, as the NYS dept of finance is not taking calls till Nov 17th.

My sister passed away in late 2007, recvd STAR rebate check for 2007. The property was sold in February of 2008. NYS sent a check for 2008 STAR rebate to the properties address and it was forwarded to me. I checked w/ the accessor and their records do show the sale and the new owner on their tax map. I checked the property at the counties website and it is up do date with the new owners as well.

Anyone know what I should do with the check? Just send it back w/ as death certificate and explanation? Any help would be appreciated.

Thanks in advance

Reply to
steve-o
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Typically, state property tax rebates are paid (for lack of a better term) in arrears. In other words, the payment that was just received is probably based on the tax rolls from some date in 4Q 2007. You may have to check with NY, but that date is going to be either the date of the assessment or the date that the assessment was added to the property tax roll (either Oct. or Nov. 2007). As the home was owned by your sister at that time, I believe that her estate is entitled to the payment.

From NYS Qs & As:

I received a 2008 Middle Class STAR rebate check and the property owner (payee) is deceased. What should I do?

Answer

We can reissue 2008 Middle Class rebate checks to an estate or, in some cases, to survivors.

  • You can request that the check be reissued to the estate by returning the original check marked "void" along with a copy of the death certificate. * You can request that the check be reissued in the name of a survivor by returning the original check marked "void." You must meet the requirements on Form DTF-281.1, Survivor's Affidavit for STAR Rebate Request. Complete Form DTF-281.1 and return it with the check.
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Reply to
Alan

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Thanks. So if I send the check back with void and the death certificate, they re-issue a checlk to the estate. I'm hoping top close out the estate by end of year. What happens if the check comes AFTER the esate account is closed?

Reply to
steve-o

If you've determined the funds belonged to your sister, and now to her estate, couldn't the executor (you?) endorse and deposit the check to the estate's account? What is the procedure for other checks payable to the deceased and received after death?

Reply to
paultry

steve-o wrote: ...

Why bother? Why not (assuming you've verified it does cover the period prior to the sale of the property as Alan almost certainly correctly surmises) simply deposit the check into the estate account and go on?

Reply to
dpb

I agree, I should be able to sign as adminstrator of the estate just like the other checks recv'd under her name. Why bother sending it back and issued as an estate check? I already have the esate account. What is the worst that could happen? they tell me to send it back... right?? Makes Sence- thanks a lot everyone.

Reply to
steve-o

steve-o wrote: ...

No signature even needed in all likelihood.

The only thing is to be sure it is for the tax period before the property was sold so the estate is actually entitled to the payment. If for some reason that were to not be so, then "the worst that could happen" certainly could be more than just "send it back".

In short, be sure what period the check is for and respond accordingly.

Reply to
dpb

Thanks. I guess I shouldn't just assume we're entitled to it and deposit it. Problem is I can't get an answer until Nov 17th as NYS taxation is devoting all resources to STAR rebates and not taking calls. I've contacted the local accessor, called ORPS, etc. Even when the phone lines open up on the 17th, I expect it will be difficult to get an answer... Thanks again - Steve

Reply to
steve-o

One last thing... Why is there no info stating the property ownership for 2008 star rebates? I'd think that would be a basic question. Perhaps I'm asking a rhetorical question...

Reply to
steve-o

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Seems that the NYS STAR rebate is triggered by 1. Income and 2. taxable Status Date, in most localities that's Mar. 1. Since the property was sold in February I would NOT be elligible. I found this out by puttting together pieces of info from here and there. So, I'm returning the check with a note stating the property was sold on . Makes no difference dead or a live. End of Story. thanks for the input

Reply to
steve-o

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You need to check the actual date. I know for a fact that in White Plains it is 12/1. Go to the following link; select the county; then select the city or town in that county; and then click on Assessment Roll Dates. You should see the Status Date for the most current fiscal year. You can then derive the date for the applicable fiscal year used for the rebate received.

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Reply to
Alan

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