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If you are a beneficiary to a deceased parents estate and your sister is executor is there a way she can keep your portion from you?
Denaerea
No. She is legally bound to follow what the will says. If, however you are a minor - she may put your share in a trust until you are of legal age. She cannot keep it for herself or give it to anyone else.
Wiki User
∙ 14y ago
If your sister, as the executor, is being dishonest or not fulfilling her duties, you can seek legal recourse. You can consult with a probate attorney to ensure your rights as a beneficiary are protected and to take appropriate action if necessary. It's important to document any concerns or issues that arise in relation to the estate settlement.
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What does residuary mean in a will?
Residuary in a will refers to the portion of the deceased person's estate that remains after specific gifts, debts, and taxes have been settled. This portion is typically distributed to the residual beneficiaries as outlined in the will.
If property was owned by deceased spouse after marriage what is the property rights of the surviving spouse with no will?
In a common law jurisdiction, the surviving spouse may have the right to a portion of the deceased spouse's property through intestacy laws. This varies by jurisdiction, but generally the surviving spouse will receive a portion of the estate, with the remainder distributed to other relatives according to the laws of intestate succession. It's recommended to consult with a lawyer to understand specific rights in your location.
Can a beneficiary of an estate sign a disclaimer and their share go to their siblings?
Yes, a beneficiary of an estate can sign a disclaimer to voluntarily relinquish their share of the inheritance. In this case, the disclaimed share would typically pass to the next beneficiary in line, such as the siblings of the disclaiming beneficiary, as specified in the estate plan or intestacy laws. It is important to follow proper legal procedures when executing a disclaimer to ensure the distribution of assets is handled correctly.
What is statutory share under the state law of intestacy what does that take care of?
Statutory share is the portion of a deceased person's estate that is guaranteed by state law to go to their surviving spouse or children, even if they are not mentioned in the will. This provision helps to protect the rights of the spouse and children to receive a fair share of the estate, preventing disinheritance in some circumstances.
What is the difference between a Dower a Homestead state?
A dower state refers to a state where a widow is entitled to a portion of her deceased husband's estate. A homestead state provides protections for a homeowner's primary residence from certain types of creditors.
If a beneficiary to an estate becomes deceased and that beneficiary had a distribution in that year would the heirs of the now deceased beneficiary receive a K-1 and be taxed on that distribution?
If the distribution to the beneficiary was mandatory, and the trust agreement does not provide for alternative disposition on the beneficiary's death, and/or the trust agreement provides that the distribution is mandatory and not discretionary, then the distribution should be payable to the deceased beneficiary's estate, which could get the K-1 as to any portion of the distribution that constitutes income rather than principal. The distribution to the deceased beneficiary's estate could flow through to the heirs of the deceased beneficiary's estate.
If a beneficiary passes before his deceased father will his wife and children receive his portion of fathers trust fund?
That all depends on the provisions of the trust. You need to review the trust document to determine if there is a contingent beneficiary named who will receive the deceased beneficiary's portion. You should ask the trustee if you can have the trust reviewed by your own attorney.
If you are the executor of an estate and owe money to a lien holder can they go ofter money in the estate?
No. A personal creditor of yours has no right to attach the estate for which you are the executor. However, if you are also a beneficiary of that estate the creditor can go after your portion of the distribution.
If a beneficiary of a will has died can their share go to next of kin if the executor wishes this?
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.
Can the executor of an estate also be a beneficiary?
Yes. It is common for a beneficiary to be also named the executor. The contents of a Will remain private until the death of the testator so the person who is named as executor may not be known until the Will is read. As the role of an executor is merely to distribute the assets of the deceased in accordance with the terms of the Will of the deceased, an executor will have no say in how the Will is prepared or to whom the assets should be distributed. Therefore, there is no legal reason why an executor should not be named as a beneficiary in a Will. In fact it is quite often preferable for a family member (and beneficiary) to act in the role of executor. That arrangement is frequently used in wills executed by husband and wife or life partners where each leaves the entire estate to the other and names the other as the executor.
Can you pay a beneficiary with stock?
The answer depends on the facts of the particular situation, how the will reads, what the beneficiary is given under the will and other factors. Also the laws of the state of probate should be taken into consideration as well as they might have a bearing. In the typical case where a beneficiary is given a specific dollar amount of money, you cannot pay the beneficiary with stock unless the beneficiary and the residuary legatees agree to it. If the beneficiary is given the stock itself, then the beneficiary must be paid with that stock unless he directs the executor to sell it and give cash instead. Even in that case an executor might refuse to sell the stock and tell the beneficiary to sell the stock himself after he receives it. If the beneficiary is given a portion of the residuary estate (which would include all sorts of assets) the beneficiary has the right to request the stock itself, but only in proportion to his/her share in the residuary. If the situation is that there are two residuary legatees and the value of the estate available for distribution is composed of cash and stock having equal value, the executor cannot force one beneficiary to take the stock and the other to take the cash unless that is what they agree to.
Can a beneficiary that couldn't be found during probate period collect on inheritance after probate closes?
Yes. That beneficiary's portion should have been deposited with the court or in an interest bearing bank account. It should be waiting for him. There are many reasons a beneficiary may not be able to be found at the time of a probate of an estate. That's no reason to squander their inheritance. He would have a cause of action against the executor if his inheritance was not accounted for.
What happens to beneficiaries portion if one beneficiary has been deceased for many years?
The life insurance company holds the money without contributing interest. There is no time limit on the time you can file a death claim.
Does an executor have a conflict of interest if he has borrowed a large amount of money from the deceased and has not paid it back to the estate upon due prior to deceased death?
There should not be a problem as long as everything is properly documented. The loan will count against their portion of the estate. If there is not enough money in the estate to pay the debts, they will have to pay them back.
Can a heir reject life insurance My brother had life insurance no beneficiary. Parent will be getting 50 percent each if one parent rejects there end will the other parent receive the full amount?
NO. Your question is a bit confusing. First you state their is no beneficiary but then indicate the parents may be the beneficiary. Normally life insurance proceeds do not go through an heirs probate process. Life insurance goes directly to the designated beneficiary outside of any probate process unless no one has been designated or the designated beneficiaries are themselves deceased. If there is no designated beneficiary at all, the life insurance will default to the estate of the deceased for probate and apportionment to the heirs. If there are 2 equal 50 percent designated beneficiaries and one rejects their 50 percent portion, that 50 percent will be assigned to the estate of the deceased for probate and then be apportioned to the heirs of the deceased. An heir can assign his or her inheritance to another heir if they so choose. If the heirs reject the proceeds of the life insurance disbursed by the estate and then also decline to assign it to another heir, then those proceeds will default to the government.
What is the executor to do if one of the beneficiarys passes away before the principal Does their portion of the inheritance then go to the deceased beneficiarys family?
First you look for directions in the will for what should happen in that case. If the will is silent then you must follow your state laws regarding intestate property.
Can sister-in-law get portion of my deceased fathers life insurance?
If she is named on the life insurance as a beneficiary. If the insurance goes into the estate as some policies do, she could be entitled to a share. Much of it will depend on how the will is written. If there is no will, it may vary depending on the laws of the state in question.
