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My mother died before changing her beneficiary for her

Customer Question
My mother died before...

My mother died before changing her beneficiary for her burial fund. My sister does not want the excess money from the fund and wants me to have it since I was the power of attorney for my mother. Can she assign them to me to avoid the taxes on her income

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

Oregon

Lawyer's Assistant: What documents or supporting evidence do you have?

There is a document my mother and father had from the purchase of the original burial plan.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, how much does this cost

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Estate Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

Ok

Submitted: 2 months ago.Category: Estate Law
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Answered in 4 minutes by:
12/13/2017
Estate Lawyer: Barrister, Attorney replied 2 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 40,031
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

There shouldn't be any taxes on this surplus money as an inheritance isn't considered income to the recipient..

.

But yes if sister contacts the insurer or company holding the money and explains that she wants you to have to proceeds, they should have a form she can complete, have notarized, send back and then they will send the funds to you instead of her..

.

.

thanks

Barrister

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Customer reply replied 2 months ago
The insurance company sent a W-9 tax form that has to be filled out and returned and they wanted an itemized list showing what the burial expenses would be out of the $7,400.00. This sounds like the IRS will think of it as taxable
Estate Lawyer: Barrister, Attorney replied 2 months ago

That sounds like a burial trust fund that was set up by parents and now the W-9 has to be completed so they can disburse the money and report it to the IRS as being distributed..

.

I am going to opt out of the question and see if the moderators can move it over to the Tax category as they should be able to determine if this would be considered income or not. I am definitely not a tax expert..

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Customer reply replied 2 months ago
This is a bit confusing. You referred me to a new Estate lawyer and he/she will respond within 24 hours but the next line says they will confirm in a few minutes? Which is it?
Customer reply replied 2 months ago
I'm being charged $59 for a call I am not going to get?
Customer reply replied 2 months ago
my original question was if my sister could assign her beneficiary benefits to someone else to avoid the taxes on her income. that seemed to get lost in the mix.
Customer reply replied 2 months ago
If he is unable to call me then don't charge me for a call I am not going to get.
Estate Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 20,564
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to Justanswer! I will be further assisting you with your post.

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Estate Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

You are only charged for a phone call if someone accepts your offer and call you.

Kindly note that I do not participate in the phone call program. So, I will not be accepting your phone offer or calling you.

Kindly give me a few minutes to prepare my response.

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Estate Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

My deepest sympathies for your loss.

Your sister can disclaim her inheritance to avoid transfer tax. See Internal Revenue Code Section 25.2518-2. Also, see Section 25.2518-3.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 20,564
20,564 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

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