C
Convert3
Guest
I agree cremation is the best answer, and perhaps see what the cost to inter him with your mother, if you’re willing.
While I am a lawyer, this is not legal advice.No. I will not be responsible for any of that, but if he dies first then my mom of limited means will be saddled with at least the IRS debt even though because CA is a community property state.
In theory, we agree. In reality, the problem is that my stepdad is dirt poor. He only receives $852 per month and probably $300 goes on alcohol per month. My mom who receives $1000 per month covers the $600 rent at the trailer park and utilities. There are some cash in advances that are also being deducted from his check each month. He told me he only gets $250 out of the $856 per month. They would be homeless and carless if I had not bought and donated these assets to them. They have no room to even contemplate a prepaid funeral plan or even pay a monthly premium for life insurance which would be probably be at least $50/month since he is 74 years old. That said, the responses on the forum have helped me decide that I will pay for his funeral costs.I have seen funeral bills for a cremation and they were nowhere near 8 to 10 K. I know your stepdad says he wants burial, but you can tell him if he wants that he can either take out 10 K life insurance to pay for it or he can pre-pay it out of his own assets, otherwise if you have to pay for it you will make the decisions about arrangements. That’s only fair.
I agree with you about skipping the embalment for reasons you cited, which I did when I buried my dad over two years ago. In a rural part of CA, a body burial was $6,100 with no bells and whistles.I came in to say, “It’s a corporal work of mercy, to bury the dead–” but I see it’s been covered already.
We don’t do works of mercy because other people deserve them. We do it because we follow the Master. And in the process, yeah, we get to be suckers over and over and over again. Which is why there are all the passages about the foolishness of the cross, and how, as Paul sez, if it’s only in this life that we have hope in Christ, then we’re the most pitiful of men.
But at the same time, there’s also the equally valid thing about how beggars can’t be choosers.
You might look into different options. For example, if you’ve read “Behind the Formaldehyde Curtain,” it makes a nice argument against embalment, which we take for granted. (Basically, all your fluids and innards get thrown away in the trash, and you’re replaced with chemicals and padding.) There may be rules in your state regarding the time period if you choose to bypass that procedure, but otherwise, they just make use of the refrigerator until the time comes for interment.
You also might check into natural burials/green burials.
But if I were you, I’d probably encourage your mom to start putting together a prepaid funeral plan for the two of them. “Hey, mom, if y’all have something specific you have in mind for your funeral arrangements, definitely get them taken care of sooner than later. Otherwise, haha, I’m not sure what I can afford, but I’ll do my best. But it might not be what y’all want. So if you have an opinion, you should definitely do what you can to make sure it happens the way you want. Love you guys.”
They filed joint tax returns and the IRS already started taking deductions out of her check, so it would be her debt even upon his death. It is true that she could file an Innocent Spouse exemption, but this is another matter.While I am a lawyer, this is not legal advice.
Do not apply general community property law to IRS debt; that’s not how it works. Joint returns are another matter, but there are other doctrines involved.
Get competent tax help.
hawk, esq.
Maybe so, but it feels like financial extortion based on willful negligence.One of the corporal works of mercy is to bury the dead.
That is something to think about. I will need to revisit their position on being against cremation.I was thinking you’d cremate him. It’s a substantial savings, especially if you cremate Mom too and put them both in the same columbarium spot.