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Does to the issue of deceased beneficiary have the same meaning as surviving issue of beneficiary?
Wiki User
∙ 13y ago
No, not exactly.
- The issue of a deceased beneficiary includes any issue that has predeceased that beneficiary.
- Surviving issue means only the issue living at the time of death of the beneficiary.
Wiki User
∙ 13y ago
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What is the meaning of 'To the issue of the deceased beneficiary'?
It means to the children of the person who should have inherited, but died before he could.
Is a wife considered a deceased man's issue?
No. Lawful "issue" are descendants including those more remote than children. A wife is a surviving spouse under the laws of intestacy. Both the surviving spouse and issue are legal next-of-kin.
Can the IRS take life insurance?
The policy would not be subject to seizure during the person's lifetime and it Could not be used to pay tax arrearages if there is a beneficiary named at the time of the insured death. If the issue concerns tax owed by a deceased and a death benefit received by the deceased's spouse who was a joint filer, then the surviving spouse would be liable for said tax arrearages.
What does surviving issue of beneficiary mean?
Consider this example: if Mr Smith (born 1943) had one child, Alfred b. 1965, and Alfred had 2 children Beatrice b. 1989 and Clive b. 1994 - Beatrice & Clive being Mr. Smith's grandchildren - assuming Alfred, Beatrice & Clive were alive at Mr. Smith's death and Alfred was named (for ease of explanation) the sole beneficiary. If on Mr. Smith's death in 2000, his will had a clause 'surviving issue of [my] beneficiary'... this would mean Beatrice and Clive as they were the issue of Alfred who were alive on the date of Mr. Smith's death.
Would a credit card company reissue a card to a surviving spouse with a low income?
No, a creditor would not issue a card or extend credit on the account of a deceased spouse. The creditor might be willing to issue a card to the surviving spouse based on his or her own financial situation.
Can a benificiary of the estate be removed if he was a resident of the home of the deceased prior to deceased death?
No. If the will is allowed as a valid will in your state then all the provisions will be carried out. If you have an issue of undue influence regarding that particular beneficiary you must bring your concern before the court and then abide by the court's decision.
In the state of Michigan if the surviving spouse is additional user on a credit card of the deceased will the surviving spouse need to pay the debt?
The estate will be held responsible. Given that the spouse was a card user, they can also be held responsible if the estate doesn't resolve the issue.
Is their anywhere that says the oldest daughter gets the deceased mothers wedding ring?
No. Distribution of the deceased person's belongings are based on a written will. If no will is found, depending in the state of residence, the person's belongings are handled in different ways. Generally, the surviving spouse inherits all. If there is no surviving spouse, "issue" (the deceased's children) are next in line. How they divide items amongst themselves is often the source of long-standing bitterness. This shows how important it is to make a will.
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.
One owner of a joint checking account in Alabama died years ago and has adult children. The other owner just died and has a spouse. Who gets the account?
The funds would be split 50/50 between the estates/next of kin of the two deceased. If the owner that had only recently died had been on the ball, they could have declared the other owner deceased and had the funds all to themselvesAnswerThe surviving spouse will inherit the balance of the account and may be required to share it with other heirs at law of the decedent according to the statutory provisions reprinted below. When two people set up a joint checking account and one dies, the full ownership of that account passes automatically to the surviving joint owner with no need of probate. That's what joint accounts are all about. When that surviving joint owner dies, the account is included in her estate and will pass according to the provisions in her will or the state laws of intestacy if there is no will.In Alabama, intestate property passes to heirs-at-law as follows:Section 43-8-40Intestate estate generally.Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this chapter.Section 43-8-41Share of the spouse.The intestate share of the surviving spouse is as follows:(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;(2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate;(3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate;(4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate;(5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter.Section 43-8-42Share of heirs other than surviving spouse.The part of the intestate estate not passing to the surviving spouse under section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows:(1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;(2) If there is no surviving issue, to his parent or parents equally;(3) If there is no surviving issue or parent, to the issue of the parents or either of them by representation;(4) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the other half.Section 43-8-44When estate passes to state.If there is no taker under the provisions of this article, the intestate estate passes to the state of Alabama.Section 43-8-45Division of estate where representation is involved.If representation is called for by this chapter, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree receiving one share and the share of each deceased person in the same degree being divided among the issue of such deceased heir in the same manner.Section 43-8-46Inheritance by relatives of half blood.Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
If someone dies in Alabama without a will does everything go to the surviving spouse?
Section 43-8-41 ===Share of the spouse:=== The intestate share of the surviving spouse is as follows: (1) If there is no surviving issue (children) or parent of the decedent, the entire intestate estate; (2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate; (3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate; (4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate; (5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter. Section 43-8-42 ===Share of heirs other than surviving spouse:=== The part of the intestate estate not passing to the surviving spouse under section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows: (1) To the issue (children) of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation; (2) If there is no surviving issue, to his parent or parents equally; (3) If there is no surviving issue or parent, to the issue of the parents or either of them by representation; (4) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the other half.
What is succession of heirs in CA man never married died without will both parents deceased one living brother one deceased sister but left surviving daughter to whom does estate go?
It will be split in half, half going to brother, half going to the issue of the sister.
