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If a beneficiary of a will has died can their share go to next of kin if the executor wishes this?
Wiki User
∙ 11y ago
No. The executor dos no have the authority to distribute the estate according to their personal wishes. They must follow the provisions in the will and state laws. There may be a provision in the will for the distribution of the share of a deceased beneficiary. Otherwise that portion will pass under the residuary clause in the will or according to state laws of intestacy. You should contact the attorney who is handling the estate.
You can also visit the probate court and ask to see the file if the will has already been filed for probate. You can read the will and make a copy if you wish.
Wiki User
∙ 11y ago
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Can the sole beneficiary act as executor if the executor for my fathers will dies.?
Yes. You can notify the court that the executor has died and request that you be appointed the successor.
How can you find if you are a beneficiary of a will?
If the person has died, if you are beneficiary, the executor is required to notify you. If they are still alive, the only way is to ask them. There is no requirement that they tell you!
You are an executor of your cousins will he was a beneficiary of his stepfathers estate but died before his stepfather?
If he died before his stepfather, he will not receive anything. Whether his heirs get anything will be determined by the stepfather's will and executor and will not affect your work.
Does a son named as beneficiary become executor if the deceased died intestate?
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.
Does your mom have to show your brother your fathers will who just died and see all bank books?
There is no requirement for her to do so. As long as she is the executor, and presumably the beneficiary, it is her business, not his.
If the beneficiary of a life insurance died before the policy holder and there was no contingent beneficiary does the life insurance go the next of kin or to the estate?
The life insurance proceeds must enter the estate, The Executor of the estate will then determine how, when and to whom it should be dispersed.
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.
Is the executor of a family member's will required to carry out all of the deceased wishes even if the executor disagrees with some of the deceased's requests?
First, no one is an executor until the will has been allowed by the probate court and the court has appointed the executor. Until appointed by a court, an executor has NO power.Once appointed, the executor MUST follow the provisions of the will regardless of their personal feelings. The executor has no personal interest in the estate. They perform their responsibilities under the supervision of the probate court and will be held personally liable for any misbehavior.Every person has the right to decide what will happen to their property when they die. Those wishes are expressed in a will. Only a judge can modify the terms of a will after the testator has died..
Can the executor of a will refuse the responsibility and choice someone else as executor if the will named a second person if the first declined?
Generally, the first named executor cannot choose his/her substitute if the will names an alternate executor. We follow the decedent's wishes, not the executor's. The one exception could be if the will itself gives the executor the power to name a successor, which is pretty rare. Further, if the alternate executor has died or also refuses to act as the executor, the first named executor still has no power to choose a successor. Normally, in that situation, the person to handle the estate is chosen from among the residuary legatees, since they have the greatest interest in seeing the estate administered.
A relative died living you the beneficary but you are not sure what insurance company how do you find out?
You may be the beneficiary of the will and there may not be any insurance. If you were named on an insurance policy, the insurance company will find you. They have your name and probably your address, both of which are required to name you as the beneficiary. Also contact the executor of the will, as they may have records on the policies involved.
What happens to the per stripes share of a beneficiary in a trust who never had children but was survived by his wife?
That person's share (who died without issue) would go to his parents first, or to his siblings next, or to his siblings' children.
When someone died how do you know if he left anything in the will for you?
Typically, the executor of the deceased person's estate will inform beneficiaries mentioned in the will. If you suspect that you may be mentioned in a will but have not been notified, you can inquire with the executor or contact the estate lawyer handling the matter. Additionally, wills are usually filed with the probate court, so you could check there to see if a will exists and if you are named as a beneficiary.
