Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 4 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 4 minutes by:
12/13/2017
Estate Lawyer: Barrister, Attorney replied 4 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,115
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

Ask Your Own Estate Law Question
Customer reply replied 4 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 4 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..

Ask Your Own Estate Law Question
Customer reply replied 4 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 4 months ago
I'm being charged $59 for a call I am not going to get?
Customer reply replied 4 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 4 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 4 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 21,339
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.

Ask Your Own Estate Law Question
Estate Lawyer: Phillips Esq., Attorney-at-Law replied 4 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.

Ask Your Own Estate Law Question
Estate Lawyer: Phillips Esq., Attorney-at-Law replied 4 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.

Ask Your Own Estate Law Question
Was this answer helpful?
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 21,339
21,339 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

41,115 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
If a person is the beneficiary of an estate and receives an
If a person is the beneficiary of an estate and receives an inheritance from the estate is the distribution taxable… read more
Expert James
Expert James
Doctoral Degree
11,982 satisfied customers
This is a matter of a life estate. There are disagreements
This is a matter of a life estate. There are disagreements over the following: Beneficiaries listed above (in attachment) think they are entitled to a portion of the property My understanding is that … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,700 satisfied customers
My husband is on a will for an estate that has issues and
my husband is on a will for an estate that has issues and does not want anything to do with the estate, can he just sign it away? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If the trustee of an estate wants to purchase the home that
If the trustee of an estate wants to purchase the home that is part of the estate do you typically lower the selling price by 7% to allow for the relator fees that you will save by not listing the hom… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In settling the estate in Wisconsin the Will states the
In settling the estate in Wisconsin the Will states the house is dequested to the first party and the remainder goes to the executor. The value in the estate lies primary in the house (65% of the mort… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,032 satisfied customers
Can I use a small estate affidavit if the estate worth
Can I use a small estate affidavit if the estate worth including mobile home and lot is less than 50k ? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
What is the role of the Administrator of an Estate where
What is the role of the Administrator of an Estate where their is a sole beneficiary? … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
If an individual estate is in probate and a property is sold
if an individual estate is in probate and a property is sold that he was an heir, how are the proceeds distributed?… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
807 satisfied customers
California Estate Taxes - how soon is the estate responsible
California Estate Taxes - how soon is the estate responsible for filing an estate as of death taxes?… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Regarding estate law: my brother's my mother's estate
Regarding estate law: my brother's my mother's estate executor, and as I recently found out a co-owner of her sole bank account (ugh). I'm otherwise a beneficiary on the account. My brother's giving m… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
807 satisfied customers
Estate Cases. Need a Lawyer who is current on. +Estate in
The deadline is near ,need help.It's about our Mother and her death ,propertys… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,700 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,031 satisfied customers
As the beneficiary of an estate, the attorney of the
Second opinion] As the beneficiary of an estate, the attorney of the Independent Executor asked me to sign a "Waver of Notice Pursuant to Texas Estates Code Sec. 308.002", waving my right to receive n… read more
Barrister
Barrister
Attorney
41,115 satisfied customers
If there is sale of property in an estate, is the allocation
If there is sale of property in an estate, is the allocation of funds up to the executors or all the heirs?… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Is the executor of an estate responsible for deceased's
Hello,Is the executor of an estate responsible for deceased's credit card debt . Deceased had no property and no car just a few certificates of deposit she left to her daughter who is the wife of the … read more
Barrister
Barrister
Attorney
41,115 satisfied customers
I am an executrix of an estate. We are selling Real Estate.
I am an executrix of an estate. We are selling Real Estate. I was notified that in order to get Title Insurance the insurance company needs me to fill our a questionnaire. They are asking if Fed/State… read more
Barrister
Barrister
Attorney
41,115 satisfied customers
I am a beneficiary of real estate property in an estate by a
Hello, I am a beneficiary of real estate property in an estate by a man that is now incapacitated. His power of attorney is the only other beneficiary for the estate. He will receive everything except… read more
Barrister
Barrister
Attorney
41,115 satisfied customers
The executrix of my aunt's estate sold the real estate and
The executrix of my aunt's estate sold the real estate and didn't inform the beneficiarys or make any payments as the will instructed. … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x