I’m the parent child lived with at death and No designated beneficiary and one absent parent what will happen to

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Customer: I’m the parent child lived with at death and No designated beneficiary and one absent parent what will happen to insurance death benefit ?
JA: What state are you in? It matters because laws vary by location.
Customer: California
JA: What steps have you taken so far?
Customer: I applied for my sons estates EIN
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I WAS BENEFICIARY ON BANK ACCOUNTS CO SIGNER ON CAR AND ABSENT PARENT NEED TO BE LOCATED TO VE GIVEN HALF OF BENEFIT AND DIDNT NOT SUPPORT
Answered by Simmons Esq. in 17 mins 7 months ago
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Simmons Esq.
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Simmons Esq.
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3718 Satisfied customers
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10+ years of experience
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Simmons Esq.
10+ years of experience
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3718 Satisfied customers

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Customer
California
Customer
Got death certificate applied for my son Estate EIN NUMBER WITH IRS
Customer
I’m on all other account except his jobs life insurance and they said equal shares to a parent that is absent
Customer
I have five kids under 18 and absent parent does not support and I want to contest he receive a dime cause I’m paying his bills from the estate and I feel that portion should be distributed to his sibling as absent parent does not support
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Simmons Esq., Expert

Hello! I'm attorney Simmons. I've been practicing law for over 11 years in multiple states. I need a moment to review your question and do some legal research for an answer and I'll be right back. Just so you know, JustAnswer provides general information website. We do not provide an attorney client relationship nor do we provide any sort of legal representation. If you're looking to retain an attorney, the best bet to retain an attorney is on a website called www.avvo.com. You'll find local representation, most of which will give a free consultation. If you need a free attorney for your criminal defense case, a public defender will be appointed at your first court date. If this is something other than criminal law, seek out your local free legal aid for pro bono services. If I give you negative news about the law, please understand, I didn't make the laws, I'm simply telling you what the law is. I sincerely ***** ***** the law is not in your favor. Despite what people think, the law isn't always "fair". Please understand, reviews are very important to us., so please leave a review as it may affect our ability to get paid for the time we answer questions.

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Simmons Esq., Expert

This case will likely go to probate.  There, both parents will get 50/50. Your partner being absent is irrelevant.  The law says she's entitled to their share.

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Simmons Esq., Expert

I'm so sorry you're going though this and i'm very sorry for your loss.

Customer
Thank you for your feedback
Customer
Do I have to pay for probate court
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Simmons Esq., Expert

what state is this?

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Simmons Esq., Expert

nm

Customer
California
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Simmons Esq., Expert

It's about 500 to file for probate.

Customer
If their is balances to need to be paid to estate before death benefits are issued 50/50
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Simmons Esq., Expert

I don't understand your question.

Customer
My son has credit card balances that need to be paid and who is supposed to pay them including hospital bills from his death that health insurance didn’t cover who pays it
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Simmons Esq., Expert

Probate will pay all of that first, what's left over goes you the parents.

Customer
Great
Customer
I will follow up with probate court to proceed thank you
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Simmons Esq., Expert

You're welcome.

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