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What Happens to a Pandemic Stimulus Payment Upon Death?

Client Alert
June 14, 2021

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.

Estate PlanningCassandra L. MannaStimulus
Client Alert

Medicaid Announces Next Generation of Managed Care Organizations

April 13, 2021For the first time since 2005, the Ohio Department of Medicaid (“ODM”) made significant changes to the structure of the Medicaid program by finalizing the Medicaid Managed Care Procurement process. The Procurement process began in 2019 at the behest of Governor Mike DeWine who had a goal to make Medicaid managed care more focused on the health and well-being of individuals.Client Alert

BMD Appellate Win Clarifies Waiver of Contractual Right to Arbitrate

April 12, 2021Brennan, Manna & Diamond, LLC attorneys David M. Scott, Lucas K. Palmer, and Krista D. Warren prevailed before the United States Court of Appeals for the Sixth Circuit regarding if/when a party waives a contractual right to arbitrate. Borror Property Management, LLC v. Oro Karric North, LLC, No. 20-3146 (the “Decision”).Client Alert

Relief for Ohio Under the Federal American Rescue Plan Act

April 1, 2021On March 11, 2021, President Biden signed the American Rescue Plan Act (the “Act”) — a $1.9 trillion COVID-19 relief package — a significant portion of which will be directed to the State of Ohio to support economic recovery, as outlined below.Client Alert

Cleveland Manufacturer Violated OFAC Sanctions By Allowing Shipments To Iran - Know Your Customer and Know Their Customer

March 30, 2021UniControl, Inc., a Cleveland, Ohio manufacturer of process controls, airflow pressure switches, boiler controls and other instruments, agreed to pay the Office of Foreign Assets Control “OFAC,” the financial enforcement agency of the U.S. Treasury Department, $216,464 to settle its liabilities for violations of the Iran Sanctions Program. OFAC stated that “this enforcement action highlights the importance of identifying and assessing multiple warning signs that indicate a foreign trade partner may be re-exporting goods to a sanctioned jurisdiction.”Client Alert

Ohio Breach of Contract Statute of Limitations Shortened to 6 Years

March 29, 2021On March 16, 2021, Governor DeWine signed into law S.B. 13 which shortens Ohio’s statute of limitations for filing lawsuits based on breach of contract. A statute of limitation is the time period within which a party must file a lawsuit before its claim expires as a matter of law.
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