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The declaration of a beneficiary or list of beneficiaries for an estate can be a difficult undertaking. The estate is typically given to the spouse. However, if this person is unable, one should list their closest relative who is capable of caring for the estate.

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Q: How should one go about deciding who should be a beneficiary for an estate?
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Can one beneficiary of an estate be responsible for the estate debts if the other beneficiary is the beneficiary of an annuity?

You have a very good question. If you are the cash beneficiary of the estate and the other beneficiary receives an annuity, the costs of settling the estate will come out of the cash. You should frame a motion to have the court review the matter and render a decision regrading the issue. The court may decide the other heir should pay a portion of the costs.


If one heir owes a small debt to an estate should the debt be paid before the estate is divided or should the debt be deducted from that beneficiary's share?

You should ask the attorney who is handling the estate. If it is a small estate there may not be any tax consequences either way.


Should sibling who is executor and is inheriting estate residual be able to get executor fees from other sibling who is inheriting most of estate in real estate?

Yes. There is a lot of work and responsibility involved in being the executor of an estate. The one sibling/beneficiary who is appointed should not be reqired to work for the other beneficiary for free. In some cases the executor may not charge the statutory fee, however, they should not be expected to work for free. The executor fee should be paid from the estate. If one of two sibling is inheriting real estate then they should make a cash contribution equal to one-half of the executor's fee.


Is Life Estate part of the deceased's estate?

If life insurance is payable to a beneficiary other than "the estate of ...[the decedent]", proceeds are payable directly to the named beneficiary and do not normally become part of the estate. However, if the designation of beneficiary of the life insurance policy is the estate of the decedent, proceeds do usually become part of the estate.


Who can file?

Any one with an interest in the estate. That can be an heir, a named beneficiary or a debtor.


Is tax payable on interest on a bank account opened by the executor of a will in order to deal with the estate?

Yes! Income in respect of a decedent must be included in the income of one of the following: * The decedent's estate, if the estate receives it; * The beneficiary, if the right to income is passed directly to the beneficiary and the beneficiary receives it; or * Any person to whom the estate properly distributes the right to receive it.


Is a beneficiary responsible to pay debts?

No a beneficiary is not responsible. One of the primary reasons to open an estate is to resolve such debts. The estate has to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.


What can be done to close an estate in Pennsylvania when one beneficiary refuses to sign?

You should seek guidance from the court where the probate was filed. A beneficiary cannot hold up the estate by refusing to sign something such as a final account. Generally, the court will allow you to publish a notice rather than obtain a signature.


Who can file probation?

Any one with an interest in the estate. That can be an heir, a named beneficiary or a debtor.


Who can file for probate?

Any one with an interest in the estate. That can be an heir, a named beneficiary or a debtor.


What happens when a beneficiary of a will dies before his or her share of the inheritance can be distributed?

If there are no stipulations in the will as to what should be done in the event one of the beneficiaries should die, then the state probate succession laws apply. The executor should contact the probate court for instructions as to the manner in which the deceased beneficiary's share of the estate is to be distributed.


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.