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AV Preeminent Peer Rated Attorneys
Woodland Hills Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Woodland Hills Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 6355 Topanga Canyon Boulevard, Suite 419, Woodland Hills, CA 91367

  • 6351 Owensmouth Ave., Ste. 207, Woodland Hills, CA 91367

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

What is my best option to refund the check from the insurance company of my deceased son?

Answered by attorney Dara J. Goldsmith
Estate Planning lawyer at Goldsmith & Guymon, P.C.
Ask that it be made payable to the funeral home for his burial and then the funeral home can refund monies to you that you expended. You may be able to use an affidavit of entitlement at the bank but include in it that you paid the funeral expense of an amount in excess of the $579, as funeral expenses are a priority over creditors. Aside from trying those options, or if neither is successful, you will need to go to probate court.
Ask that it be made payable to the funeral home for his burial and then the funeral home can refund monies to you that you expended. You may be able to use an affidavit of entitlement at the bank but include in it that you paid the funeral expense of an amount in excess of the $579, as funeral expenses are a priority over creditors. Aside from trying those options, or if neither is successful, you will need to go to probate court.
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How can my brother divide the proceeds 3 ways and how about the about taxes and reporting to IRS?

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Answered by attorney Norman Harry Green (Unclaimed Profile)
Estate Planning lawyer at Irsfeld, Irsfeld & Younger LLP
If everybody agrees the intention was that it goes equally to the three of you, then each reports one-third of the gain or loss. Be sure to file a gift tax return for your late mother.
If everybody agrees the intention was that it goes equally to the three of you, then each reports one-third of the gain or loss. Be sure to file a gift tax return for your late mother.
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Who is the right person for a father's property?

Answered by attorney Christine James
Estate Planning lawyer at James Law Group
In CA all of the children inherit from the parents unless there is a will or trust stating otherwise. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum.
In CA all of the children inherit from the parents unless there is a will or trust stating otherwise. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum.
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