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Under the provisions of Kentucky law the the surviving spouse may elect to renounce the will and receive what he/she would have inherited under the state laws of intestacy. There is a statutory period of six months after the probate is filed during which a claim by election may be filed. You can read more about related issues at the link below.

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Q: In Kentucky can you name someone other than your spouse as your beneficiary?
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What if a spouse dies and you may be a beneficiary to their 401k but you divorced 10 years ago are you still eligble?

IF you are still the beneficiary on file for your ex-spouse then you are legally entitled to that money. If there was an updated beneficiary that lists other people as the beneficiary then you are not. On caveat is if you are listed as the beneficiary and the ex-spouse has a will in place that leaves the account to someone else, then you are not entitled.


Can an executor be listed as a beneficiary?

Yes, and they frequently are as in the case of the standard husband and wife will, where each spouse leaves the entire estate to the other spouse and names that spouse the executor.


Does your spouse have to be your beneficiary for long term disability?

Since IRA accounts are not governed by ERISA law as are 401(k) plans and other qualified retirement plans (such as 403(b) and others), the spouse is not required to be the default beneficiary. For those plans governed by ERISA, a spouse must either be the beneficiary of the plan or must have authorized any other beneficiary designation. IRAs (both traditional and Roth IRAs) do not have this restriction: you can name anyone you wish as the beneficiary of your IRA account.


Can you name your friend as a beneficiary?

A person can name anyone they choose to be a beneficiary. This can include a friend, child, spouse, parent or other relative. Some people even name organizations or charities as a beneficiary.


Can executor and beneficiary be the same?

Yes, that is often the case when a spouse dies. It saves the estate money.


If a mobile home in the name of only one spouse and they die is the other spouse resposible for the the debit?

The estate of the deceased is responsible for the debts. The spouse is going to have to pay the debt as a beneficiary of the home purchased by the spouse.


What is life insurance spouse rider beneficiary?

Life insurance policies are extremely flexible. For instance if you have a policy on someone there can also be added to this policy a rider to provide term life insurance to cover the spouse and children if desired. Putting this all on one policy saves some money by having only one policy fee instead of several. The term riders would have a designated beneficiary just like the primary policy on the other spouse. Usually they would be each other but they don't have to be.


Can your spouse witness your will if he isn't a beneficiary?

The witnesses should not be related to you, and should not be beneficiaries. Your spouse has a statutory right to inherit from your estate whether or not he is mentioned in your will. You should pick objective witnesses instead of a spouse or other relative.


When a will states a person who is deceased as the beneficiary who receives it the spouse of the deceased or their children?

Typically the results will be that the money will be split in half, one part to the spouse, the other half to the children. Consult an attorney in your jurisdiction.


Is surviving spouse responsible for credit card debt in North Carolina if she was not on the account when the other spouse died?

In North Carolina the estate of the deceased is responsible for the debts. Indirectly, the spouse is going to pay the debts, either by a smaller inheritance or as a beneficiary of the goods and services purchased by the spouse.


Can a life insurance agent sell insurance to his spouse?

In general he can. The fact that they are married does not, in itself, prevent the transaction. The agent can also be named as the beneficiary. The spouse has an "insurable interest" in the life of the other spouse due to "love and affection". It is important, though, that the insured spouse change the beneficiary in the event of divorce, unless he/she wishes the ex to nonetheless get the proceeds. This is because in general, an insurable interest must exist only at the inception of the policy.


Does Iowa allow ex wife to collect life insurance if they are the beneficiary and the dead spouse had remarried?

Life insurance is usually governed by beneficiary information on the policy. In other words, whoever the beneficiary is on the policy will the one to collect. You may want to consult a local lawyer to confirm this.