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Does a beneficiary of fully owned retirement community property unit have to accept the devise once the testator is deceased?
Wiki User
∙ 12y ago
No. Generally, a gift from an estate can be disclaimed. You should consult with the attorney who is handling the estate. Since the devise includes real property there may be documents that you must sign surrendering your interest in order to clear the title.
No. Generally, a gift from an estate can be disclaimed. You should consult with the attorney who is handling the estate. Since the devise includes real property there may be documents that you must sign surrendering your interest in order to clear the title.
No. Generally, a gift from an estate can be disclaimed. You should consult with the attorney who is handling the estate. Since the devise includes real property there may be documents that you must sign surrendering your interest in order to clear the title.
No. Generally, a gift from an estate can be disclaimed. You should consult with the attorney who is handling the estate. Since the devise includes real property there may be documents that you must sign surrendering your interest in order to clear the title.
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoNo. Generally, a gift from an estate can be disclaimed. You should consult with the attorney who is handling the estate. Since the devise includes real property there may be documents that you must sign surrendering your interest in order to clear the title.
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Who becomes the beneficiary of a CD when the designated beneficiary is deceased?
Generally, when the named beneficiary is deceased and there is no contingent beneficiary named then the account will revert to the estate of the owner and pass as intestate property unless there was a will with a residuary clause.
How is the tax rate inheritance tax determined?
it depends on the value of the property received by the beneficiary and the relationship to the deceased.
How is tax rate for inheritance tax determined?
it depends on the value of the property received by the beneficiary and the relationship to the deceased.
How is the tax rate for inheritance tax determined?
it depends on the value of the property received by the beneficiary and the relationship to the deceased.
Do I have a claim under the California Community Property Law if my late husband intended for his Retirement Insurance to go to me but his daughters are the named beneficiaries?
If by "retirement insurance" you mean a qualified retirement account covered by ERISA, then the retirement account had to provide that the surviving spouse is the beneficiary, unless the surviving spouse consented to a different designation (such as to the daughters). So the claim is not under community property law, but rather federal ERISA law. I'm not sure about California in particular, but in at least one community property state, you might have a claim for fraud against the community if your husband caused community assets to pass to someone other than you. It would be a difficult claim, though, because an exception to the fraud on the community claim is a "natural" disposition of the property. And it is natural for a father to leave assets to his children.
How do you remove a relative from a deceased parent's home when the parent died with a will and did not include that relative as a beneficiary.?
The new owner of the property or the trust holding the property would need to legally evict the person.
What if the beneficiary is deceased?
Different states have different laws regarding this, so it is best to check with a local attorney regarding this situation. However, that issue may be covered in the will. The will may direct the gift will go to the beneficiary's heirs-at-law or the gift may lapse. If no alternate beneficiary is named the property will pass as intestate property under the state laws of intestacy. If there are no heirs the property will escheat to the state.
What is the history of property at 6720 Saint Estaban St Tujunga ca?
It is a senior retirement community.
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.
Is the surviving spouse responsible for the credit card account held solely by the deceased spouse's in Washington State?
Washington State is a community property state, in most instances a surviving spouse is responsible for the deceased spouse's debts depending upon the nature of the debt and how the deceased's estate is handled under state probate laws.
Is a surviving spouse responsible for a deceased spouse's credit card debt if the deceased had no assets except a death benefit from life insurance?
The surviving spouse is only responsible for credit card debt if the account were joint or the married couple lived in a community property state; (Texas and Wisconsin treat marital debt differently than other CP states). Death benefits from life insurance with a named beneficiary or SS death benefit are not subject to creditor action for repayment of the deceased debts.
Can insured and beneficiary be same on life insurance?
Well, in practice, I hope you see the problem with this arrangement: by the time it matters who the beneficiary is, the insured is dead. This presents a conundrum. Legally, any property of the deceased ... including, I suppose, life insurance benefits ... would become the property of the deceased's estate, and that would be distributed according to the will and/or relevant law. So it's not an insurmountable problem. It is more often best that the beneficiary be someone other than the insured. Whenever possible, it is best to keep assets out of your estate.
