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What happens to an estate when the executor dies before the estate was distributed to the beneficiary and the beneficiary dies and has no heirs?
Wiki User
∙ 11y ago
No. The executor's family is not relevant (unless by coincidence). The distribution of an estate where a will is not made, or where a will does not cover all the possibilities (such as a beneficiary dying before they receive the estate) is complex and will depend on the exact circumstances, and often will rely on the decision of the Probate Court.
This answer refers to English and Welsh Law, but principles may apply to other jurisdictions.
United States
Once the Will is allowed by the probate court the property will be distributed according to the provisions in the Will. If the Will is insufficient, the distribution will be done according to the laws of intestacy. If the executor died, the court will appoint a successor.
If the beneficiary died after the Will was allowed, the property will pass to the beneficiaries estate unless the Will included other provisions regarding the subsequent death of a beneficiary. For example, a Will may provide that a beneficiary must survive the testator for 60 days or the gift will lapse and return to the estate. If the gift lapses, the property will be distributed to the testator's heirs at law under the state laws of intestacy.
On the other hand, if there is no such provision that the gift lapses the property will pass to the beneficiary's estate. If they have no legal heirs the property will escheat to the state.
You should consult with an attorney who specializes in probate law.
Wiki User
∙ 11y ago
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Can executor of will change beneficiary after death?
Can an executor of will change beneficiaries before or after death
What happens when a beneficiary of a will dies before his or her share of the inheritance can be distributed?
If there are no stipulations in the will as to what should be done in the event one of the beneficiaries should die, then the state probate succession laws apply. The executor should contact the probate court for instructions as to the manner in which the deceased beneficiary's share of the estate is to be distributed.
Can someone file for a claim of debt against the estate that they are listed as a beneficiary?
Yes, they certainly can. If they have a legitimate debt against the deceased, they file it with the executor. This will get paid before anything is distributed to the beneficiaries.
Can an executor keep a death benefit by law without being named as a beneficiary?
The court appointed Executor of a will is entitled to payment or monetary compensation for taking on the task of performing the executor's duties. Generally, there is a statutory rate depending on where you are located. A death benefit that has no named beneficiary would be paid over to the estate. The Executor can pay herself the statutory rate out of the assets of the estate the same as payment of any debt, before any assets can be distributed to the heirs.Apart from statutory compensation that is reported to the court, the Executor is not permitted to simply take any assets and convert them to her own use.
Can an executor spend money from the estate to alter a house before he releases it to the beneficiaries?
An executor is charged with acting in the best interests of the deceased and adhere to the stipulations of the will. An executor may acquire money from the estate if: 1. there are specific stipulations in the will that the executor is entitled to funds as compensation for their efforts. 2. The executor is a named beneficiary of the will, a situation that often happens with couples.
You are an executor of your cousins will he was a beneficiary of his stepfathers estate but died before his stepfather?
If he died before his stepfather, he will not receive anything. Whether his heirs get anything will be determined by the stepfather's will and executor and will not affect your work.
Does the executor have the right to require the beneficiaries to sing a release before the estate monies are distributed to the beneficiaries?
Yes. If the executor has refused to make distribution then you should complain to the attorney who is handling the estate and to the probate court immediately. They can be compelled by the court to act or they can be replaced.
Can an executor of will keep the money of a beneficiary to pay a debt he feels the beneficiary is responsible for but with no proof?
Generally no but you haven't included any detail. You can ask the court to review the issue and compel the executor to pay the legacy. The executor can withhold money to pay the debts of the decedent. By law, they must be paid before any distribution to the beneficiary. If the debt in question is on the decedent's credit card the executor must pay it.Generally no but you haven't included any detail. You can ask the court to review the issue and compel the executor to pay the legacy. The executor can withhold money to pay the debts of the decedent. By law, they must be paid before any distribution to the beneficiary. If the debt in question is on the decedent's credit card the executor must pay it.Generally no but you haven't included any detail. You can ask the court to review the issue and compel the executor to pay the legacy. The executor can withhold money to pay the debts of the decedent. By law, they must be paid before any distribution to the beneficiary. If the debt in question is on the decedent's credit card the executor must pay it.Generally no but you haven't included any detail. You can ask the court to review the issue and compel the executor to pay the legacy. The executor can withhold money to pay the debts of the decedent. By law, they must be paid before any distribution to the beneficiary. If the debt in question is on the decedent's credit card the executor must pay it.
What happens when the executor dies before the distribution to the beneficiary and the beneficiary dies and has no heirs?
You need to speak with the attorney who is handling the estate. There are many variables in your situation that must be reviewed by an attorney.The court would need to appoint a new executor. The timing of the death of the beneficiary would dictate where the property will go. If the named beneficiary died prior to the testator then the property will remain in the testator's estate and be distributed as intestate property to the heirs-at-law of the testator. If the beneficary died after the testator died then the property is in the beneficiary's estate. That estate would need to be probated and any intestate property would 'escheat' to the state if there are no heirs-at-law. If the beneficiary has a will, the property would pass according to the will once it has been probated.You can check the laws of intestacy for your state at the related question link provided below.
Can an executor deny a beneficiary access to the deceased property?
No they can't. However, if the beneficiary is being unreasonable, then the Executor has the right to ask the beneficiary to deal with him through their lawyer. Answer An executor can deny a beneficiary access to property in an estate. Once again though, you must check the laws of the jurisdiction which govern that estate. Most states have laws that say that an executor is entitled to possession and control of all estate assets during administration. Many also provide that if an executor demands that a beneficiary give back an asset that the beneficiary has taken, the beneficiary must give it back. This is necessary for the orderly administration of every estate. You can imagine the chaos that would ensue if every beneficiary had full access to everything in the estate while administration of the estate is going on. Don't forget that the other parts of settling an estate may involve the sale of some items in order to pay debts owed by the deceased. It is often more easily and efficiently done if you let the executor--named by the deceased--complete the job.
Can the executor of estate be held liable for taxes owed if estate is solvent?
The executor is responsible for paying any debts, including taxes, owed by the decedent before any assets can be distributed. If the debts are not paid and assets are distributed the executor can be held personally responsible.
Can executor who is beneficiary and power of attorney take money for peronsal use before death of grantor?
No. That would be a breach of their fiduciary duty.
