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Can I contest the 401K beneficiary that a deceased son listed who is not a member of the family?
Wiki User
∙ 14y ago
Your son had the right to name a beneficiary of his choosing for his 401K. Since it will bypass probate, there is no way for you to protest it unless you hire an attorney and try to bring a suit to a court of equity. It is unlikely that your suit would succeed.
Wiki User
∙ 14y ago
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Can ex-spouse collect deceased husbands insurance if first deceased wife name is still listed as beneficiary?
No, an ex-spouse can't collect a deceased husbands insurance if the first wife is listed as beneficiary even if the fist wife is now deceased. The money will go to the beneficiary's heirs.
If you are the beneficiary listed on an insurance policy how can a person or persons not listed on the policy contest the claim if a change of benefit form was requested but never submitted?
Legally and contractually the named beneficiary is the beneficiary.
If the person that dies listed a beneficiary instead of a son do the benefits go to the beneficiary or the son?
For an insurance policy and/or retirement benefits it goes to the beneficiary designated. For a will, there could be grounds to contest it.
If the person listed beneficiary on a life insurance policy is deceased will it automatically go to the current wife?
It will go to the alternate beneficiary, if one is listed if not it will be paid to the estate to be distributed in the same way as any other money in the estate.
Does inheriting my deceased son's IRA mean I need to set up an estate?
That will depend on how the IRA was set up. It might not be required if your are the listed beneficiary of the IRA.
What if no beneficiary is listed?
If no beneficiary is listed on an insurance policy the proceeds will be paid to the decedent/owner's estate.
What happens if a will states that a certain heir is to inherit all life policies but the beneficiary of the life-insurance policy is not the heir listed on the will?
The language of the insurance contract can't be altered by the will. If an insured passes away the benefits will go to the listed beneficiary regardless of what the will states. If there is no listed beneficiary (if they pre-deceased the insured for example) then the benefits would be paid into the deceased's estate and would be paid to whoever is named in the will. Please note that this then makes the otherwise tax free death benefit of the life insurance policy subject to estate taxes and would also be subject to the delay and expense of probate.
Does a will have any effect on a life ins policy?
No, it does not. Life Insurance is a contract between the deceased and the insurance company. Unless the estate has been listed as the beneficiary, the will has no affect on the policy.
Can the 1st listed beneficiary deny receiving the death payment If so will the 2nd listed beneficiary receive the money?
If the first person who is listed as the beneficiary does not want the payment it will go to the second person listed. If there is no second person listed it will go to the spouse.
Is an heir a blood relative or can they be a friend or fiancee of the deceased?
An heir does not have to be a blood relative. An heir, also known as a beneficiary, is whoever is listed in a will or trust as a beneficiary. So it could be a friend, or a charitable organization, or a blood relative. It is up to the person making the will or living trust.
Can anyone contest a life insurance if you are not listed as a beneficiary?
No, only the policy owner (usually the insured) can decide who the beneficiary is on a life insurance policy. Life insurance has nothing to do with a will or estate distribution after someone's death. That's why it is imperative to keep the beneficiary section updated constantly based on the life changes; too many people who get divorced forget to update their life insurance beneficiary on the policy and benefit may go to the ex-spouse. Life insurance companies are bound by the contract that is the life insurance policy to only pay the beneficiary specified on the policy. If all beneficiaries specified on the policy are deceased, then the benefit will be paid to insured's estate.
Can someone file for a claim of debt against the estate that they are listed as a beneficiary?
Yes, they certainly can. If they have a legitimate debt against the deceased, they file it with the executor. This will get paid before anything is distributed to the beneficiaries.
