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.

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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.

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Answered on 3/08/08, 11:52 pm


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