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What Happens to a Pandemic Stimulus Payment Upon Death?

Client Alert

On January 1, 2021, the federal government issued stimulus payments (also known as Economic Impact Payments) to American citizens – on paper. However, many of the stimulus payments were not received until several months later. In some instances, the stimulus payments did not arrive until after an individual died.

If your loved one died in 2021, then you may be wondering what to do with the stimulus check they received. If the individual was alive on January 1, 2021, for any amount of time, then the stimulus check does not need to be returned nor the amount prorated back to the government. The check may be deposited in the individual’s account or estate account if assets are moving through probate. This applies to all three stimulus checks issued by the federal government since the start of the COVID-19 pandemic.

Congress foresaw this issue when passing the American Rescue Plan Act of 2021 (the “Act”). Specifically, the Act created a new section of the Internal Revenue Code, which states that, as long as an individual was alive on January 1, 2021, he or she is entitled to the stimulus check even if he or she dies in 2021.

For additional questions, please contact Estate Planning Attorney Cassandra Manna at clmanna@bmdllc.com.


Federal Trade Commission Voids Non-Compete Agreements Nationwide

On April 23, 2024, the U.S. Federal Trade Commission (“FTC”) issued its Final Rule containing regulations impacting non-compete agreements across the country for all employees. The Final Rule implements some of the most impactful changes to employment law during this century. The Final Rule will take effect 120 days from its publication in the Federal Register, which we expect to occur within the next few weeks.

Department of Labor Finalizes Rule with Substantial Salary Increases for White-Collar Overtime Exemptions

On April 23, 2024, the U.S. Department of Labor (DOL) announced a final rule that will significantly impact overtime eligibility for white-collar employees under the Fair Labor Standards Act (FLSA). This rule implements a dramatic increase in the minimum salary level required for an employee to be exempt under the FLSA’s administrative, executive, and professional exemptions (the so-called “white collar exemptions”) as well as the FLSA’s highly compensated employee exemption.

Chemical Dependency Professionals Board Rule Changes: Part 2

New rule changes for Certification of Chemical Dependency Counselor Assistants (CDCA)

Board of Pharmacy Rule Changes

Board of Pharmacy made changes to rules effective on March 4, 2024

Counselor, Social Workers, and Marriage and Family Therapist (CSWMFT) Board Rule Changes

The Counselor, Social Workers, and Marriage and Family Therapist (CSWMFT) Board has proposed changes to the Ohio Administrative Code rules discussed below. The rules are scheduled for a public hearing on April 23, 2024, and public comments are due by this date. Please reach out to BMD Member Daphne Kackloudis for help preparing comments on these rules or for additional information.