Legal Question in Wills and Trusts in Arizona

paycheck for deceased

My contractor was kliied and heas a paycheck due. not legally married,common law no joint accounts. Can his paycheck be given to the funeral home for his services?


Asked on 7/08/08, 2:02 pm

4 Answers from Attorneys

Brian Blum Blum Law Office, PLC

Re: paycheck for deceased

No, you cannot give the money to the funeral home. The money has to be paid to his estate.

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Answered on 7/08/08, 2:20 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: paycheck for deceased

No, his pay belongs to his estate, as well as all of the other assets and property that he owns. Any creditors can make claims for money owed or other debts. For the protection of his heirs, creditors and the IRS, probate of an estate protects all parties. If he has less than $50k in total assets, probate can be done by affidavit or informal probate (if there is real estate owned).

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Answered on 7/08/08, 11:26 pm
Donald Scher Donald T. Scher & Associates, P.C.

Re: paycheck for deceased

No, his pay belongs to his estate, as well as all of the other assets and property that he owns. Any creditors can make claims for money owed or other debts. For the protection of his heirs, creditors and the IRS, probate of an estate protects all parties. If he has less than $50k in total assets, probate can be done by affidavit or informal probate (if there is real estate owned).

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Answered on 7/08/08, 11:49 pm
James Jenkins Jenkins Law Center PLC

Re: paycheck for deceased

I agree, it goes to his estate. Your post raises more questions than that. Did he live in Arizona or Texas? Texas law recognizes common law marriage, under certain circumstances, Arizona does not, but does recognize a marriage completed in anther state, which might be by common law union.

Did he have a will? Who are his heirs? Who is the personal representative (executor) or person entitled to collect? His family or heirs need to consult with an estate attorney to straighten this out. Did he not have other assets? If he was killed, is there a claim to be made for his death? See an attorney.

Best regards,

James D. Jenkins

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Answered on 7/09/08, 12:45 am


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