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Paying Estate Bills

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pegster45

Guest
I live I pennsylvania my dad passed away leaving a couple of life insurance policies and Ira and cd I've had lots of bills to pay does it matter were the money comes from to pay the bills? I also have a house that was my dads and my brother would like to assume the mortage. Do you think that it would be better for him to assume the mortage or to sell him the house after the after we split the money which would be the best for tax purposes.
 


ALawyer

Senior Member
The insurance money lawfully goes to the named beneficiaries. Ditto the IRA, if he named someone beneficiary. Did he have a POD beneficary on the CDs? If not they are part of his estate.

Any bills he has are first paid out of HIS assets, such as the CDs and equity in the house.

His assets go to the beneficiaries named in his Will, if any, and if not to his heirs at law. (I assume he had no wife and you and your brother are the only 2 heirs.)

If you and your brother want to do what is usually the honorable thing, and split everything from him 50-50, then you can total up all the value.

The IRA is all taxable money when the money is taken out and thus the dollars in it are not worth 100 cents. BUT in some cases a beneficiary can keep it and hold the money in a pre-taxed status. As for the house, figure out the value of the property with some appraisals, less the mortgage and typical real estate broker commssions, say 5%, and have that as one element. Folks often fight over fair value.

You guys really should have some local professional help on this.
 

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