Legal Question in Wills and Trusts in California
ira & funeral bills
My divorced son passed away leaving life insurance to his 15 yr old daughter, his ira to me, his mom, lots of medical & credit card debt, very few assets & 2000.00 in bank account. I paid for his funeral, can I take the 2000.00 from his bank account to help pay for his funeral costs? or must it stay for the creditors? which ones get paid first?
Asked on 3/08/08, 12:16 pm
2 Answers from Attorneys
Phillip Lemmons, Esq.
Phillip Lemmons APC, Attorneys at Law
Re: ira & funeral bills
they are all creditors. the money will likely be divided between them equally.
Answered on 3/08/08, 7:50 pm
Mitchell Roth
MW Roth, Professional Law Corporation
Re: ira & funeral bills
You can't write a check from his account unless and until you get appointed administrator of his estate. The $2,000 will go to his creditors.
Answered on 3/08/08, 11:52 pm