why does my aunt need a lawyer to get my deaceased fathers money

Can I deduct my father's lawyer on my taxes?

As miscellaneous expenses, your legal fees must relate to your employment or to collecting taxable income. Personal legal expenses generally aren't deductible, including the fees you might have paid a lawyer to draft your father's will before his death.

Do I need a probate attorney to sell my dad's house?

Yes, and quickly. One of you needs to be appointed executor of your dad's estate so that you can sign the closing documents, and you are going to need to open an estate bank account to receive the sale proceeds. Call a probate attorney in your area today.

What to do when a parent dies with a bank account?

Inform the bank if you are the heir or joint owner of the bank account with right of survivorship. Speak with the bank official responsible for handling decedent accounts. Have original or copies of all relevant documents necessary to establish your entitlement as well as to verify your parent’s identification and banking account.

How to claim unclaimed assets of deceased relatives?

All you really need to claim the unclaimed assets of deceased relatives is proof of a relationship such as a birth certificate or a marriage license. Many life insurance policy benefits go unclaimed because family members are not aware the policies exist.

Can you get money from a deceased parent?

The short answer is that yes, you can claim money from deceased relatives. If you believe that you're entitled to money left behind by a deceased relative then you can make a legal claim to it under the inheritance laws of your state. The types of financial assets you may be able to claim include: Bank accounts.

Who gets money when someone dies?

In most states, most or all of the money goes to the deceased's spouse and children.

How does inheritance work when someone dies?

When someone dies and there is no living spouse, survivors receive the estate through inheritance. This is usually a cash endowment given to children or grandchildren, but an inheritance may also include assets like stocks and real estate.

How do you access a deceased person's bank account?

If you are named as an executor in the deceased's will, you must produce proof of your executor status and provide a certified copy of the death certificate before the bank will provide access to the account.

What happens if a beneficiary does not claim their inheritance?

If a beneficiary doesn't receive what they're entitled to from the estate, the executor or administrator may be liable to pay this themselves. To help protect against any possible claims, the executor or administrator needs to take all the necessary steps to find the beneficiary before distributing the estate.

Can a bank release funds without probate?

Banks will usually release money up to a certain amount without requiring a Grant of Probate, but each financial institution has its own limit that determines whether or not Probate is needed. You'll need to add up the total amount held in the deceased's accounts for each bank.

How do you claim inheritance money?

To claim an inheritance, a person must file with the court a document that serves as notice to the court and to the administrator of the estate that the person may be entitled to an inheritance. The name of the document will vary in each jurisdiction. Some jurisdictions call the form a demand for notice.

How long does it take to receive inheritance?

It is the question that many feel too guilty to ask: “How long until I receive my inheritance?” As a rough guide, and for a typical Estate, the short answer is between 6 months and a year from when Probate is granted, but this of course depends on the nature of the Estate.

What is the process of inheritance?

Inheritance is the process by which genetic information is passed on from parent to child. This is why members of the same family tend to have similar characteristics. Inheritance describes how genetic material is passed on from parent to child.

How do I claim my deceased parents bank account?

If your parents named you, on the form provided by the bank, as the "payable-on-death" (POD) beneficiary of the account, it's simple. You can claim the money by presenting the bank with your parents' death certificates and proof of your identity.

What happens to bank account when someone dies without a will?

A checking or savings account (referred to as a deceased account after the owner's death) is handled according to the deceased's will. If no will was made, the deceased's account will have to go through probate.

What happens to bank accounts with no beneficiary?

If a bank account has no joint owner or designated beneficiary, it will likely have to go through probate. The account funds will then be distributed—after all creditors of the estate are paid off—according to the terms of the will.

What happens if a parent does not leave a will?

Parent Did Not Leave a Will. When a parent does not leave a will, she is said to have died "intestate.". Children may have inheritance rights under certain circumstances if their parent dies without a will, particularly in states that are not community property states. In community property states, a surviving spouse is generally entitled ...

How much of a will does a deceased parent get?

However, if the deceased parent did not make a will and had more than one child, it is common for the surviving spouse to receive one-third of the estate; the other two-thirds typically pass to her children in equal shares.

What happens if a parent leaves a will and leaves a child out?

If a parent left a will and left her child out, but did not explicitly disinherit her child, the child may have a right to an inheritance because it may be assumed the parent omitted her child by accident.

Can a parent leave a will to their children?

Parent Left a Will. Generally, children are entitled to receive whatever their parent devises to them in a last will and testament. The only time a devise to children may be invalid is if the parent left more to her children than she was allowed to by law.

Can a spouse be entitled to the same amount of property?

However, a surviving spouse may not be entitled to the same amount in states that are not community property states -- known as common-law states. In these states, if a parent with one child did not make a will, but was married when she died, her surviving spouse may be entitled to at least half of the estate.

Can a parent's estate be probated?

A parent's estate may be probated whether she left a will or not. Probate courts help divide property according to a will or the inheritance laws of a particular state. If a parent left a will, and the will was admitted to a probate court, children typically have the right to demand an accounting of their parent's assets from the executor ...

Can a child contest a parent's will?

Will Contests. Children also have a right to contest a parent's will if they have valid legal grounds. For example, if a child was left out of a will and believes her parent's will is invalid because her parent was controlled by another person while making it -- or lacked the capacity to understand what she was doing while making it -- ...

3 attorney answers

My colleagues are correct. Social security retirement benefits are not like a private pension that you are guaranteed to receive even if you die. Eligibility for SS benefits ends with the month of death or the month before the month of death.

Clifford Michael Farrell

My colleague is correct as to retirement benefits; your question indicated the first retirement check would come in April 2012, which would be a check for March 2012. If March 2012 was the first month he was due a retirement check, then nothing would be paid. But, in your comment you talk about your father filing a disability claim.

Marilyn Hamilton

My condolences on the death of your father, but I must bear bad news. It is possible that nothing is due, but there should be a written notice to conclude the application process. To be entitled to a retirement benefit in any given month, the beneficiary must survive for the entire month.

What happens if your father's estate is large enough?

If your father's estate is large enough that estate taxes are due, the IRS imposes a few more rules for administrative expenses. Deductions for legal costs must be actual and necessary. This means the estate must have legitimately paid them and for a good reason. If the executor paid a lawyer $5,000 to review the deceased's will, ...

Is legal fees deductible?

As miscellaneous expenses, your legal fees must relate to your employment or to collecting taxable income. Personal legal expenses generally aren't deductible, including the fees you might have paid a lawyer to draft your father's will before his death.

Can you deduct legal fees from a deceased father's estate?

Legal fees relating to your deceased father's estate are tax deductible. The question is who gets to deduct them. In most cases, it's not the decedent's kin or beneficiaries. If his estate is large enough that estate taxes are an issue, the estate can deduct legal fees incurred in the probate process when the executor files the estate tax return.

Can a beneficiary take a deduction from an estate?

The IRS allows beneficiaries to take tax deductions related to an estate under one isolated circumstance. If your father's estate had more deductions than income in the year the estate settled and closed, the surplus passes to beneficiaries to be shared equally among them. This applies to income tax, not estate tax.

Can executors deduct legal fees?

If you're the executor and there's not enough cash in the estate to handle the fees, the court allows you to sell assets to raise cash; you shouldn't have to dip into your own pocket. As administrative expenses of the estate, the Internal Revenue Service allows the executor to deduct legal fees from the estate's value before calculating tax due on ...

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What is a forced heir in Florida?

A "forced heir" is an child that is either (1) under the age of 24 at the time of your father's death; or (2) a child of any age who at the time of your father's... Read more ». 2 Answers | Asked in Criminal Law and Probate for Florida on Jul 23, 2021. Q: How long can an county jail hold an inmate for a VOP for an out of county warrant within ...

How to get a power of attorney after a parent dies?

Obtain a signed and notarized statement from your parent or parents giving you power of attorney to handle matters after they are deceased. Know where the will is located. If all personal and financial records are in a safety deposit box, make certain you have authorized access to it. References.

Who determines the bank account of an estate?

If there is an executor, your access to the banking account will be determined by the executor. The executor is legally bound by the probate court to the administration of the estate. This includes responsibility for finalizing all aspects of the estate, such as bill payments, disposition of estate possessions, sale of land and financial assets.

What happens if there is no executor of an estate?

If there is no estate executor see if your state has a relevant small estates law. Small estates laws allow an heir to bypass probate proceedings to obtain access to property and monetary holdings. The purpose of these laws is to reduce or completely eliminate court proceedings by submitting a small estate affidavit to a bank.

Do you have to probate a bank account if there are other heirs?

If there are other heirs, a will exists or someone else is named on the bank account, the matter might need to be probated, with an executor of the estate making the decision on your access to the bank account records.

What to do if you missed a deceased relative's name?

Even if you missed one of the unclaimed property newspaper ads with a deceased relative's name listed on it, you can always do your own research. Make a list of all the deceased relatives you are interested in checking, including their Social Security numbers and birth dates.

Why do life insurance policies go unclaimed?

Many life insurance policy benefits go unclaimed because family members are not aware the policies exist. As people live longer it becomes more likely they will own life insurance polices they are no longer paying premiums on. If they throw the policy in a drawer and forget about it, the insurance company would have no way of knowing if the policy holder has died. Some professional services will help relatives locate unclaimed property belonging to deceased relatives for percentage of what they help collect.

How does unclaimed property work?

The unclaimed property division is managed by individual state governments. It is like a giant lost and found department. When companies owe someone money and cannot find the person -- or when a bank account goes untouched for three years and the owner can't be reached -- the money gets turned over to the state's unclaimed property division. The money sits in the government coffers until a claim is made by its owner or his heirs. State governments make serious efforts to locate owners and relatives of the unclaimed property by running newspaper ads listing the latest names of owners of unclaimed property. Some states even set up booths at carnivals and malls and pay for television and radio ads to raise public awareness of unclaimed property.

Can a deceased family member claim unclaimed money?

Relatives are entitled to unclaimed money belonging to a deceased family member. Billions of dollars in unclaimed property collects dust each year in the unclaimed property divisions that are maintained by state governments across the country.

Is there a time limit for claiming unclaimed property?

No Statue of Limitations. There is no time limit on claiming unclaimed property from a deceased relative. All unclaimed property is held in safe hands and can be claimed at any point. The state never takes ownership of the money and charges no fees. Advertisement.

Who is obligated to pay debts of a person who died?

As a general rule, no one else is obligated to pay the debt of a person who has died. There are some exceptions and the exceptions vary by state. As a general rule, no one else is obligated to pay the debt of a person who has died. Here are some exceptions to that general rule:

How to find an attorney for debt collection?

To find an attorney, you can contact a lawyer referral service in your area and ask for an attorney with experience in estate or probate law, consumer law, debt collection defense, or the Fair Debt Collection Practices Act. Some attorneys may offer free services, or charge a reduced fee.

Do you have to take personal responsibility for a deceased person's debt?

Unless an exception applies, you do not have to take personal responsibility for the debt of the deceased person. You are not obligated to pay their debt from your own assets. The creditor or debt collector cannot use unfair, deceptive, or abusive practices to get you to assume responsibility.

Who can contact a deceased person?

If you are the executor or administrator of the deceased person’s estate, collectors can contact you to discuss the deceased person's debts. Collectors may not state or imply that you are personally responsible for paying the person’s debts from your own assets, unless there are specific circumstances, such as being a co-signer, ...

Do you owe a debt if you are a co-signer?

Here are some exceptions to that general rule: • If you are a co-signer on a loan, then as co-signer you owe the debt. • If you are a joint account holder on a credit card, then as the joint account holder you owe the debt. A joint account holder is different from an “authorized user.”.

Can you tell a debt collector if you are not the executor?

If you are not the executor or administrator, you may wish to tell the debt collector who the executor is. If you are the spouse, executor, or administrator, and want a debt collector to stop contacting you about the deceased person’s debts, you have the right to tell them to stop contacting you.