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What happens when one of a group of beneficiary dies before the property is settled?
Wiki User
∙ 11y ago
Their share goes into their estate.
Wiki User
∙ 11y ago
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What happens is a beneficiary die's but there are other beneificiaries before an estate is settled?
The beneficiary's share goes into their own estate.
What happens if sole beneficiary dies before estate is settled?
If the beneficiary died after the testator you must review the will to make certain there is no set time period the beneficiary must survive the testator. If there is no such provision then the gift becomes part of the beneficiary's estate.
What happens if the beneficiary of a california living trust dies before the estate is settled?
There is a disconnect here. A living trust is not related to an estate. The wording of the trust and perhaps the will associated with the individual will determine what the expectations are.
What happens to insurance when beneficiary dies before insured person?
generally nothing. Insured person can name another beneficiary.
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.
What happens if the sole beneficiary to a life insurance policy dies after the insured dies but before the claim is processed?
The proceeds belong to the estate of the beneficiary.
What happens when a sole beneficiary dies before their benefactor in england?
Nothing. The benefactor will have to find another beneficiary, unless it has already been accounted for.
What happens if the sole beneficiary on an insurance policy dies before that person and the policy is never changed?
It goes to the estate
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?
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 StatesOnce 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.
If a spouse's parents die and the spouse gets a divorce before the estate is settled is the non-related spouse entitled to half of the inheritance?
No. He or she would not have been a direct beneficiary unless he or she were named in the will regardless of the status of the marriage. Even in community property states an inheritance is exempt from CP marital laws.
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.
What happens if the vendor dies before settlement?
Outstanding legal issues are settled in probate court.
