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Does a son named as beneficiary become executor if the deceased died intestate?
Wiki User
∙ 14y ago
You have conflicting legal terms in your question.
- An executor is appointed when the decedent left a will.
- Intestate means that the decedent died without a will. If the son was the "named beneficiary" as you stated then there must be a will.
- The son can petition the court to be appointed the executor of the will.
- If there is no will some qualified person must petition the probate court to be appointed the Administrator of the estate. The son would be a qualified person.
Wiki User
∙ 14y ago
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Can a person be executor and beneficiary of insurance policy and sole right to the insurance money?
Yes. Insurance proceeds, unless the beneficiary is the estate, are payable directly to the person who is named as the beneficiary beneficiary. As such, the policy proceeds pass "outside" of the estate and do not become a part of it. If the same person who is the named beneficiary of the policy is also the executor of the estate, he/she is required to carry out the directives of the Will. This includes paying legal debts of the deceased, ensuring protection of the value of the assets of the estate, and distributing the assets as directed in the Will.
As executor of an estate do you have the right not to give money to an heir if you feel she was using the deceased just to become an heir?
An executor must follow the provisions in the will and for any property not distributed by the will must distribute it as intestate property according to the laws of intestacy. An executor does not have discretionary power of distribution unless that power was specifically granted in the will. An executor is personally liable for any acts that go against the will or violate the law.
What if there is no will or beneficiary on a life insurance policy of the deceased?
The policy proceeds will become part of the decedent's estate.
Can an executor relenquish their rights and can another of the deceased children become executor?
Yes, an executor can turn down the responsibility. The court will appoint another person and would probably approve it without a second thought.
Must will be probated to become an executor?
In the United States an executor must be appointed by the court. In Canada an Executor can be assigned through the will by the deceased. The executor must prepare all the documents and perform all the due diligence prior to the estate being granted probate by the courts. The executor is the designated person who handles all the affairs of the deceased and is the liaison person between the beneficiaries and the lawyer.
Will become responsibe for adult son's debts become executor?
The estate is responsible for the debts of the deceased. The executor is not personally responsible for them.
How does a family member apply to become executor of estate if executor is deceased?
You apply to the probate court. There is normally a package of documents that have to be filled out and submitted to the court. Consult a probate attorney for specifics.
Does an executor receive the estate?
The court appoiunted executor has control over the estate in order to pay taxes and debts and distribute the remaining property according to the will. The estate does not become their own property unless they are the sole beneficiary.
Who receives the benefits or money from a life insurance policy upon the death of the insured?
The beneficiary designated on the policy application is the recipient. Usually, a secondary ("contingent") beneficiary is also named in the event that the primary beneficiary dies before the insured. The estate of the deceased can also be the beneficiary if it is named as such or if there are no named beneficiaries or if all of them die before the insured. In that event, the insurance proceeds become a part of the estate and are distributed according to the insured's Last Will and Testament. If the insured dies without a Will, the estate, including the insurance proceeds, pass according to state law according to the laws of intestate succession.
When a life tenant dies intestate with no assets to pay unsecured creditors does the property ever become part of the deceased's estate?
No, the property the property passes directly to the remainder persons and is not included in probate procedure nor is it subject to creditor action/attachment. By definition, a Life Estate terminates on the death of the beneficiary. There is nothing to go into their estate.
What happens to your share if you predecease the owner of a Transfer on Death account?
That depends on how the owner of the account has arranged the beneficiary designation. There may be a contingent beneficiary or the gift may lapse and become part of the testator's intestate estate. In that case it would pass to the heirs-at-law. That question should be asked when the beneficiary designation is arranged at the bank.
Does life insurance become part of the estate?
The proceeds of a life insurance policy become part of the deceased's estate under limited circumstances: 1. If the named beneficiary on the policy is the estate of the insured; 2. If the named beneficiary and any contingent beneficiary(ies) predecease the insured or otherwise relinquish their interest in the proceeds.
