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My mother recently passed away from lung cancer/brain

My mother recently passed away from lung cancer/brain cancer. She was diagnosed October 22nd 2015 (at stage 4) and she died on January 25th 2016. While she was in an pre-active/active stage of dying and heavily medicated while also receiving brain radiation she was brought some paperwork by a funeral director (she was bedridden) that would allow her to sign over all three life insurance policies to them. My sister and I were originally named beneficiaries when mom purchased the policies. Also, my grandmother whom the funeral director is good friends with was given complete power to make any and all decisions regarding my mothers funeral. Cutting my sister and I completely out. We were given the "left over" life insurance proceeds which was around $7000. My mothers funeral was nearly $12,000! I noticed a couple of things on the funeral bill that just doesn't seem right to me. First, "flowers" were an item deducted from the insurance funds ($135). I paid for my moms casket spray out of pocket. Any additional flowers during her service was from family and friends. Second, the cost of a gravestone was deducted at $550. When I called and questioned the monument place who made the stone I was told they charged the funeral home $350 for the stone. Isn't this insurance fraud? Plus, there were just a lot of I feel redundant/fraudulent charges on this bill. I have an uncle who had services at this same funeral home, was buried in the same cemetery and his funeral was $8,300. I cannot fathom how my mothers services would have costed nearly $5000 more! I feel like my mother was taken complete advantage of while she was sick and at her most vulnerable state. There is absolutely no reason my mothers funeral should have taken almost every penny she had in insurance! Why a sudden change in her beneficiary (4 weeks before she passed)? When she was alive and well she designated her children as to who she would want to take care of these things. Why did this funeral director come to her house and have her sign to them all rights and cut her only two heirs (children) out of basically everything? Can someone that sick and heavily medicated really be capable of knowing what they are signing? Law says a contract becomes void if a drunk person enters into it. What about a person who is on OxyContin and hydrocodone? Someone who is taken steroids to reduce inflammation and swelling in their brain due to brain cancer and radiation treatments? All of these sudden changes and this funeral bill seems very strange to me. What are my legal options if any? There has to be something somewhere that says a terminally ill person cannot be taken advantage of and a funeral director cannot commit life insurance fraud.

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Gerald, Esq

Juris Doctor

 
4,766 satisfied customers
I am a hair stylist working as 1099 employee. The owner

Hi! I am a hair stylist working as 1099 employee. The owner has confirmed the itemized deductions and commission before I get started throgh email (documented). However, I never get a paystuff but a salon check ( not a printed check). 10 months later, I found out a report in the computer system ( printed by an employee there) showing high deductions, almost double the agreed amounts. At the meeting the owner denied about the agreement and forced us to accept the facts. I feel being cheated/tricked to carry my clientel over to him and under paid. What should I do to get justice?

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ScottyMacEsq

Doctoral Degree

 
22,062 satisfied customers
Customer: I started a volleyball club in Wisconsin with four

Customer: I started a volleyball club in Wisconsin with four teams and two coaches - I'm one of the coaches. I want to determine the best entity to set this up. I'm currently set up as a sole proprietor with a tradename. I need to know the proper way to pay the other coach and myself and also retain the ability to offer scholarships for needy kids. Is it best to set up as a non profit corporation? LLC? Right now as sole proprietor, I believe I would be using a Schedule C and any "profit" or loss would be mine. However, there is conflicting information as to how to define the other coach - independent contractor or employee. JA: Thanks. Can you give me any more details about your issue? Customer: Last year I paid two other coaches a set amount every time they coached a tournament. The practices were optional for them to participate in and they (and I) managed the practices as volunteers. Would the coaches be considered independent contractors or employees? JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Employment Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit? Customer: Yes JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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Gerald, Esq

Juris Doctor

 
4,766 satisfied customers
My previous landlord has not issued my deposit and/or and itemized

My previous landlord has not issued my deposit and/or and itemized deduction. It has been more than 21-days. I notified him of my rights, via email when it went past the 21-days. He indicated that I would receive my deposit and itemized deduction in 2-days. It has been 5 days since his reply. What is my next option? I'd like to send him a legal letter or something before I resort to Civil court.

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Ray

Lawyer

Doctoral Degree

 
33,968 satisfied customers
What is the best way to gift a distressed home mortgage

What is the best way to gift a distressed home mortgage payoff? I am an artist who would like to promote economic alternatives, as well as “bail out” distressed home owners who aren't likely to bounce back into home ownership. Hypothetically, if I were to involve a non-profit (church) to pay off a distressed home loan per a donation I provide as a for-profit, will it protect the recipient from taxes, and allow me a tax write off (making my dollars go further)? Can the church keep a small percentage to help cover their costs of involvement? Thank you for volunteering any pertinent information that could be useful in planning for raising and distributing large sums for this purpose.

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37,576 satisfied customers
I own a house with my husband and father. The three of

Hi, I own a house with my husband and father. The three of us are on title. My father and father-in-law took the mortgage out on our house so we are not on the mortgage, but we have notarized documents from them that the house is ours, we put all moniesinto the house (down payment, insurance, mortgage payments, improvements etc). My father-in-law passed and now my dad's the only one on the title. He has been taking the IRS write off's on the house for the last 5 years but never actually paid a cent on thehouse. We've never taken the write-off because from our understanding it's illegal since we're not actually listed on the mortgage. Is it legal for my father to take the write-off?

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Richard

Owner

Doctoral Degree

 
45,924 satisfied customers
I have a question about a rental deposit return in CO. I had

I have a question about a rental deposit return in CO. I had a tenant move out at the end of a lease after leaving significant damage and not forwarding address. I made a list and took photos of all the damage. The damage total was 4500.00 and the deposit was 2500.00 I suspected they just moved and did not leave a forwarding address due to the damages. On the 60th day I heard from the tenant that he wanted his deposit back via email. I sent a reply on the 60th day saying that I needed his mailing address to send the official letter with the damage report and that it exceeded his deposit. I was heading out of town that day I would send the final letter with all the specifics on my return. Now 4 months after my Tenant received the damage list he is sending me a letter suing me for his deposit saying that I forfeit the right to keep the deposit since I did not send a detailed list on the 60th day. If this is true then I made a mistake in not tracking him down sooner and sending the list on the 60th day via email, but I need to know is this true and can I fight this? Thank you in advance for any advice you can provide.

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Marsha411JD

Doctoral Degree

 
18,516 satisfied customers
Sued my former landlord in small claims court for not returning

Sued my former landlord in small claims court for not returning my deposit and violating my tenants rights. Did not follow the 21 day rule of submitting proper itemized deductions on deposit. LL filed a counter claim for lost wages, pay LL's real estate agent/ contractor/ witness for $700, lost rent etc. judgement : on plaintiff claim LL will pay $550.00 on LL's counter claim I'll pay $3000. LL's real estate agent/ witness/ contractor submitted fabricated evidence and swore under oath that he will be true and honest but lied and exaggerated all the way . Pro temp judge did not hear my case and not even look at my presentation and evidence but just concentrated on the counter claim. Is the LL allowed to use all my deposit ($2300) to paint the interior of the townhouse. I have pictures of the whole house not showing any damage at all . I am planning to appeal to Superior court.. Is this wise?

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Dimitry K., Esq.

Attorney at Law

Doctoral Degree

 
46,548 satisfied customers
I am a CPA with a client question. client sued a local school

I am a CPA with a client question. client sued a local school district in an age discrimination case and won an award for a total of $240,000.00 In a letter he received from his attorney, it indicated that in the express terms of the settlement that the sum of $64,800.00 was categorized as a payment for "TAXABLE LOST WAGES."From the total award, the attorney deducted a legal fee of $24,000.00 OR 10% of the settlement. The remaining sum of $151,200.00 was categorized as "A PAYMENT FOR PERSONAL PHYSICAL SICKNESS OR INJURY SUFFERED BY HIM."QUESTION:He received a form 1099M which showed only the sum of $64,800. in box 3-Other Income. In preparing and filing his return we included that sum as miscellaneous other income but showed it as NOT BEING SUBJECT TO SELF EMPLOYMENT TAX which now, the IRS is diagreeing with and is assessing the tax (also giving hime the SE Adjustment of 1/2 on page 1). The form he received was prepared by the attorney himself. We do not know whether the school district ever reported to the IRS any of this information.Since the attorney's letter to the taxpayer is not even signed by the attorney which could also indicated that someone at the IRS was copied or anything else. Is it, in your opinion, since it is referenced as taxable lost wages-IS THE IRS CORRECT IN ASSESSING THEY SE TAX??? Also, if these were actually ttue wages paid the to the employee, wouldn't he have limited to a tax rate of %5.65 FICA TAX since that was the rate deducted from employees on any type of wages paid in 2012 irregardless of whether they were from work, sick pay, vacation pay etc???Also, since the legal fees paid ($24,000.00) from the law suit was for the purpose of age discrimination, shouldn't we be entitled to amend the return, file a schedule "C" for that year and deduct in full against the wage portion of the settlement (27% of the total settlement?)

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Delta-Lawyer

Doctoral Degree

 
5,954 satisfied customers
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