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What happens to a beneficiaries share if the beneficiary is predeceased and he has no children?
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What happens to a beneficiary designation if the beneficiary dies is there any protection for the beneficiary's children?
Generally the language in the will directs how the estate will be distributed provided that the will was carefully drafted by a competent attorney. A gift to a deceased beneficiary may pass to her/his heirs, her/his siblings or may lapse and pass into the residuary of the estate to be shared by all the other beneficiaries. The testator has the power to decide while the will is being drafted. If the testator has died you should have the will reviewed by an attorney to determine who receives the share of a beneficiary who predeceased the testator. If the will has been filed for probate then speak to the attorney who is handling the estate.
What happens to a beneficiary designation if the beneficiary dies - is there any protection for the beneficiary's children?
Generally the language in the will directs how the estate will be distributed provided that the will was carefully drafted by a competent attorney. A gift to a deceased beneficiary may pass to her/his heirs, her/his siblings or may lapse and pass into the residuary of the estate to be shared by all the other beneficiaries. The testator has the power to decide while the will is being drafted. If the testator has died you should have the will reviewed by an attorney to determine who receives the share of a beneficiary who predeceased the testator. If the will has been filed for probate then speak to the attorney who is handling the estate.
What happens to your IRA at death?
An IRA requires a named beneficiary. If there are no beneficiaries named, it will be a part of the estate.
If a beneficiary of a life insurance policy dies before the insured what happens to the money once the insured dies?
Goes to the beneficiaries heir's or estate.
What happens to the assets of a beneficiary's estate with a will?
The question is asked a little awkwardly. Most people intend to ask how the deceased individuals assets are dealt with not the recipients/beneficiaries. However, the assets of a beneficiary's estate should increase since they are receiving assets from a deceased individual. Also, if a beneficiary is deceased their assets, including any inheritance, will pass to their own beneficiaries under the terms of their will.
When the beneficiary dies does the trustee then own the property in the trust?
No. The trust specifies what happens if the beneficiaries are no longer living. It could go to the beneficiaries' estates, or a remainder man, or to a charity. It is possible for the person who set up the trust to leave it to the trustee.
What happens if beneficiary named on life insurance policy dies before the policy holder?
The policy holder has the choice to change the name of the beneficiary at any time, including after the death of a named beneficiary. If the policy holder doesn't change the name of the beneficiary after the beneficiaries death, depending on what state you live in it goes to next of kin.
What happens when there is no named beneficiary to a bank account?
It becomes an asset of the estate. It will be inventoried with the other assets. It can then be used to pay debts and then distributed to the beneficiaries per the will or the intestacy laws.
If a beneficiary in your will dies before you what happens?
It will depend on how the will was written. Depending on the wording, it may go to the beneficiary's heirs, or it may be divided up between the other beneficiaries of the original will. If the testator is aware of the death of a beneficiary they should amend their will. If they don't, then see the information in the related question link provided below.
What happens if the beneficiary of a life insurance policy is deceased?
Generally, if the beneficiary is deceased, the proceeds go to the contingent beneficiary, or if none, to the estate of the insured. An attorney must be consulted to direct you on how to handle this in your state. It depends on whether the beneficiary predeceased the insured. If the beneficiary died before the insured then the proceeds go the the contingent beneficiary. If there is not a contingent, check the contract, it probably is paid to the Owner of the Estate of the Insured. If the Beneficiary died after the Insured, the proceeds go to the Beneficiary's Estate. It is important to have a contingent beneficiary specified in your life insurance policy. This way, if the beneficiary passes away, the contingent beneficiary will benefit. If there is no contingent beneficiary, and the beneficiary has deceased, the proceeds of the life insurance policy, go to the estate and is distributed according to the Will.
How a will is administered if one of the beneficiaries has predeceased the testator?
A properly drafted will gives instructions in that situation. If not there may be a statutory provision that will pass the legacy on to the the heirs at law of the deceased beneficiary. If none of that happens the legacy will lapse and become part of the residue of the estate. In a properly drafted will a residuary clause directs how the residue (any property not specifically devised) will be distributed. If there is no residuary clause the remaining estate will pass as intestate property according to the laws of intestacy in your state.
What happens when father died intestate and named my brother and i beneficiaries on his pension can my stepmother supersede us on his pension in California?
In the state of California, if a person passes away intestate the named beneficiaries will stand. That being said, your stepmother could not supersede on the pension in California if she is not a named beneficiary.
