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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.

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13y ago
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13y ago

If the policy belonged to the deceased, then it is part of the estate and is paid to the named beneficiary; if there is no one named (or the beneficiary predeceased the policy owner) the payout goes to the next of kin.

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15y ago

No. A life estate expires upon the death of the life tenant.

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Q: Is Life Estate part of the deceased's estate?
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If life insurance is considered part of an estate is that money used for medical bills and debt?

Life insurance is not considered part of an estate and is not available to pay the decedent's bills and debts. Even if there is no money whatsoever to pay bills, the insurance is not part of the estate. The only exception would be if there were no existing named beneficiaries or if the policy is payable to the estate. But even there, keep in mind that it isn't the "insurance" money that is now available to pay the debts. It is "estate" money, because the proceeds were payable to the estate. The Federal government will include life insurance proceeds as part of the gross estate for federal estate tax purposes, but that does not mean they are actually part of the estate.


If you do not own your property is it part of the estate?

No. The property you own in life or in death makes up your estate.


Who are the remainder man in a life estate when none are specified in the deed?

You have asked an interesting question. If a person (A) was granted a life estate by deed and there was no remainder interests mentioned in that deed then the fee remains with the owner (B) who granted the life estate. When B dies the property will become part of their estate and will remain subject to the life estate.


When a life tenant dies with a will and property is willed the children is that property part of the estate?

A life estate expires when the life tenant dies. A life tenant doesn't own the property, it doesn't become part of their estate and therefore they cannot leave it to their heirs in their will. When a life estate is set up in a deed or will there is also a 'remainderman' who will own the property when the life tenant dies.


Is money from the sale of property part of the estate?

If the property was part of the estate then the proceeds are also part of the estate.


When there is no beneficiary listed on a life policy do the proceeds go to the estate?

Yes. The proceeds will become part of the taxable estate.


Can a life estate owner leave the property by will prior to the death of the grantor?

No. The grantee of a life estate cannot leave the life estate in a will because a life tenant doesn't own the property, only the right to use it during their life. The life estate ends when the life estate owner dies. That's why it is called an estate for life. After the death of the life tenant there is nothing left to devise by a Will.Sometimes the owner of land simply grants a life estate to another party. In that case the grantor still owns the property subject to the life estate. When the life tenant dies the life estate is ended and the grantor still owns the property. In other cases the owner transfers the property in fee to new owners but reserves a life estate to herself or some other person. In that case the property is no longer owned by that grantor at the time of the grantor's death and so does not become part of the estate. In that respect, a life estate deed is an estate planning tool.


Are life insurance death benefits part of the estate?

It depends on the policy wording but most do NOT form part of the estate. You will need to ask the insurance company.


What part of speech is estate?

Estate is a noun.


My sister has died a year after inheriting your mothers estate does this form part of her estate or will it go back to your mothers estate?

The property is now part of your sister's estate.


Is a car considered part of the debt of an estate to be paid by the estate?

A car would be a part of the estate. If there is a loan on the vehicle, the estate has to determine what to do. They can sell it if it makes sense.


When a Life estate remarries and the person with the life estate becomes deceased what rights does the new spouse have?

That depends on whether there is a will or not. If a will has been properly executed then the will takes precedence. If there is no will then the estate passes to the current spouse. The previous spouse can attempt to use legal means to gain part of the estate, but the divorce should have already partitioned up the estate. Also descendents of the deceased estate owner may use legal process to gain part of the estate. For a more sure answer speak with an attourney who specialises in your states/areas specific laws on estates.