You should have a contingent beneficiary,if not you need one. That would be someone who receives the money if the primary is not alive. If none is listed it goes to the estate,
No, you cannot be forced to accept a bequest. You can decline and the money will go to the other beneficiaries.
Life insurance is a complex issue in community property states. Even if your husband has named beneficiaries, you may be entitled to an interest in the proceeds. See the link provided below for a very informative publication that you can read in its entirety. There is a section regarding beneficiaries other than the spouse.
No. If the accident was your fault, you can not get money from the other person's car insurance.
Like most legal questions, the answer is "it depends." For example, say the wife said in her will that her husband should never remarry. She had no right to impose that on him, so obviously no court is going to hold him to that. On the other hand, say that the wife left a sum of money in a trust for him, on the condition that he never remarry, and that if he did he would forfeit the money to their children. If he remarried, the children could certainly draw him into court and demand the money. What I think you are implying in your question is that the husband is the executor of his wife's estate, and that he is not giving the beneficiaries of the will the money which it gives them. The beneficiaries have the right to draw the husband into a probate court and be held to account for his actions, but on the very limited facts given here, it is impossible to say whether they would win in court. Probate law is complex, and there are many reasons that the husband might escape what the will says (for example, if it was an improperly executed will). You should contact a lawyer and explain the facts of your case in detail to get a good answer to this question. So the short answer is: they probably have a right to a hearing in probate court, but it is impossible to say whether they have legal rights to recover against the husband.
They remain in the Social Security fund to be paid to other beneficiaries.
Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.Yes. If the beneficiaries want to keep the property then they must pay off the mortgage from their own funds. The executor has no other options.
If you are the insured and your beneficiary died, and you had a secondary beneficiary then the money would go to the secondary. If you had split beneficiaries, then her cut would get funneled to the other beneficiaries. If you didn't have split beneficiaries or secondary beneficiary, the money should go to your estate where your creditors would get first pickings. Therefore, I would get myself to the insurance company (phone, website, broker) and update that policy ASAP.
Probably. Don't forget that it's not really your money, it wasn't a gift from the company. You would soon scream if the accident happened the other way round.
Possibly yes. That depends on whether a tenancy was also recited. Generally, if the three who were named as beneficiaries were to take as "joint tenants" then the share of any deceased beneficiary would pass to the other beneficiaries. If the document was silent as to a tenancy then generally, the share of a deceased beneficiary would pass to their own heirs.
The executor IS the owner of the property, for the purpose of probate.
The court will appoint a new executor. It is not a duty that is inherited. Her husband could certainly ask to be appointed and if the other beneficiaries are okay with that, the court would probably appoint him.
What state? Of course. Medical payments are pretty standard plus it depends on who was at fault. If it was the other driver the surviving spouse could be in for quite a bit.