Legal Question in Family Law in Kentucky
Filing Taxes on deceased son~already filed
My step son- age 19 dies last November. As per the divorce decree (from 1992) my husband is to claim him as dependant on taxes. We have claimed him as lat as 2006-as we were (actually are) still paying child support on him. His mother claimed he was still in high school. Now she is aparently filing his 2005 and 2006 State and Fed taxes and receiving the refund. Is this legal? SHe paid for the funeral home. We paid for the plot and burial. She is claiming that she needs reimbursed from his estate for her expense. He also left a life insurance policy for $200,000.00 to his mother's 7 year old daughter. His 1/2 sister. Isn't that policy part of his estate? My husband and I have 3 children 9 and inder that are also his 1/2 siblings.
2 Answers from Attorneys
Re: Filing Taxes on deceased son~already filed
I am sorry for your loss.
Your husband should still claim him on taxes if that was the court order. You would have to file a motion to enforce the order to recoup any money from that.
The life insurance, assuming he owned the policy and designated the sister as the beneficiary, passes outside of probate and is not part of the estate.
Re: Filing Taxes on deceased son~already filed
You should not be paying child support at this time.
If you claimed him in 2006, the IRS should sort this out for you and reject her new filing.
As for the life insurance, this would be funds that would be ooutside of probate as it is life insurance with a designated beneficiary, however, as a minor is the beneficary, the proceeds most likely will be held by a guardian for the minor's behalf (most likely the mother).
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
