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Can the named beneficiary also be appointed as attorney in fact and if so can they transfer real property into their own name prior to the death of the testator in order to avoid death taxes?
Wiki User
∙ 14y ago
Yes. The beneficiary named in a testator's will may also be appointed as the testator's attorney-in-fact while the testator is living. The powers of the attorney-in-fact must be set forth in the Power of Attorney document. The power of the attorney-in-fact to transfer the real estate to self may be listed in the POA.
However, if there are other heirs-at-law, the transfer by the attorney-in-fact to self may be vulnerable to challenges upon the death of the testator. The parties should seek the advice of an attorney who specializes in probate who can review the situation and the desires of the testator. Documents could then be properly drafted to carry out the wishes of the testator and make certain that any actions of the attorney-in-fact are not vulnerable to challenges.
Wiki User
∙ 14y ago
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What happens when the executor dies before the distribution to the beneficiary and the beneficiary dies and has no heirs?
You need to speak with the attorney who is handling the estate. There are many variables in your situation that must be reviewed by an attorney.The court would need to appoint a new executor. The timing of the death of the beneficiary would dictate where the property will go. If the named beneficiary died prior to the testator then the property will remain in the testator's estate and be distributed as intestate property to the heirs-at-law of the testator. If the beneficary died after the testator died then the property is in the beneficiary's estate. That estate would need to be probated and any intestate property would 'escheat' to the state if there are no heirs-at-law. If the beneficiary has a will, the property would pass according to the will once it has been probated.You can check the laws of intestacy for your state at the related question link provided below.
What happens to a beneficiary designation if the beneficiary dies is there any protection for the beneficiary's children?
Generally the language in the will directs how the estate will be distributed provided that the will was carefully drafted by a competent attorney. A gift to a deceased beneficiary may pass to her/his heirs, her/his siblings or may lapse and pass into the residuary of the estate to be shared by all the other beneficiaries. The testator has the power to decide while the will is being drafted. If the testator has died you should have the will reviewed by an attorney to determine who receives the share of a beneficiary who predeceased the testator. If the will has been filed for probate then speak to the attorney who is handling the estate.
What happens to a beneficiary designation if the beneficiary dies - is there any protection for the beneficiary's children?
Generally the language in the will directs how the estate will be distributed provided that the will was carefully drafted by a competent attorney. A gift to a deceased beneficiary may pass to her/his heirs, her/his siblings or may lapse and pass into the residuary of the estate to be shared by all the other beneficiaries. The testator has the power to decide while the will is being drafted. If the testator has died you should have the will reviewed by an attorney to determine who receives the share of a beneficiary who predeceased the testator. If the will has been filed for probate then speak to the attorney who is handling the estate.
Does the person who is the power of attorney have the right to change the beneficiary in the state of Pennsylvania?
No. A change in a will must be signed by the testator.
What is fideicommissum expressum?
Fideicommissum expressum is a Roman legal term that refers to a type of trust where the testator explicitly designates the beneficiary of an inheritance in their will. The trustee is obligated to transfer the property to the specified beneficiary according to the testator's wishes.
How can the beneficiary be removed?
The only person who can remove a beneficiary is the testator or a judge by a court order.The only person who can remove a beneficiary is the testator or a judge by a court order.The only person who can remove a beneficiary is the testator or a judge by a court order.The only person who can remove a beneficiary is the testator or a judge by a court order.
Grandmother left her property to your father. He predeceased her and she didn't change her will before she died. Who inherits the property you or your father's sister?
You need to consult with an attorney who can review your grandmother's will. There are different ways a testator can arrange to leave property. The possibility that a beneficiary may predecease the testator should be addressed in the will. If the gift is made per stirpes, the gift passes to the deceased beneficiary's children. If the gift is made per capita, it passes to the siblings of the deceased beneficiary. If the will is silent you need legal advice on how the situation will be addressed by the law in your state.
What does a sole beneficiary of a will expect?
The sole beneficiary can expect to inherit all the property owned at the time of death of the testator after any debts have been paid.
How do I write a letter to appoint an executor of my estate?
An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.An executor is appointed by the testator in a last will and testament. After the death of the testator the will must be presented to the probate court and the court will make the appointment officially. Different jurisdictions have different rules for making a valid will. An attorney who specializes in probate law can express your desires in a properly drawn will. You should consult with an attorney who can review your situation, your needs and your plans for the distribution of your property after your death.
What power does an beneficiary have of an estate?
In some cases a testator sets up a trust in her will. That type of trust is called a testamentary trust. Some trusts can go on forever especially with a very wealthy testator who wants to maintain control over her estate even after death. In some cases a trust is established by the testator when there are devisees who are minors, spendthrifts or under some handicap. The trust is treated separately from the probate of the will. An executor is appointed to distribute the property according to the will. If a testamentary trust is set forth in the will, the named property goes to the trust and a trustee is appointed to administer the property according to the terms of the trust. The powers of the trustee are set forth in the will.
If someone dies and their beneficiary is dead who gets the money?
If the beneficiary predeceased the testator and there is no contingent beneficiary named in the will the property will be distributed as intestate property under the state laws of intestacy as if there was no will. You can check the laws of your state at the related question link provided below.
What is a beneficiary under a will?
A beneficiary under a will is a person or other entity that receives a portion of the estate at the direction of the testator. A beneficiary can be a person, charity, trust, church, club, or any other entity that can receive property.
