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If an ex-spouse is listed as beneficiary on a life insurance policy does that person remain the beneficiary and receive the money in the state of Georgia?
Generally, yes. A person must be careful to change the name of the beneficiary on their life insurance after a divorce of death of the named beneficiary. You should consult with the attorney who represented the decedent in the divorce to determine the law in your state and whether the divorce decree extinguished the ex-spouse as the beneficiary.
Does beneficiary's spouse sign off upon sale of home from estate?
It will depend on the specific laws of the state in question. In most cases a spouse has an interest in the real property that their spouse owns while they are married.
Can an ex spouse who is the beneficiary on a life insurance policy have the claim denied in new york state?
Under normal circumstances, no. A life insurance company will pay the proceeds to the named beneficiary.
Is a spouse required to pay temporary attorney's fees in a divorce?
In my case, no, in the state of Missouri.
What are a wifes rights to property of deceased husband in the state of Missouri?
In the state of Missouri, the wife automatically inherits property of her deceased husband. When either spouse dies, the surviving spouse has an undivided interest in the whole property, and the right to sole ownership.
In the state of Georgia if a spouse receives life insurance benefits is the surviving spouse responsible for the deceased spouse debt if surviving spouse's name is not on any of the debt owed?
In Georgia, as in most states, life insurance proceeds to a named beneficiary become the property of the beneficiary and are therefore not accessible to the creditors of the decedent. Of course, this does not apply to joint debt between the spouses or any debt solely in the name of the surviving spouse. In short, if the surviving spouse's name is not on the debt of the decedent, the surviving spouse has no legal obligation to pay such debt.
Can a spouses' wages be garnished in the state of Missouri if the debt belongs to the other spouse?
In Missouri, a spouse's wages generally cannot be garnished for a debt that solely belongs to the other spouse. Wage garnishment typically applies to the individual who incurred the debt. However, if the debt is a joint obligation or if the couple resides in a community property state (which Missouri is not), there may be exceptions. It's essential to consult a legal professional for specific circumstances.
What if life insurance was through an employer and no beneficiary was named?
If no beneficiary was named the proceeds will be paid to the decedent's estate. The estate will be distributed according to the will or according to the laws of intestacy if there is no will. Generally, the legal spouse or spouse and children would inherit the proceeds. You can check the laws of intestacy for your state at the related question link provided below.
Do people that have never worked get Medicaid?
Medicaid is a State-run program for indigent persons who meet certain other factors of eligibility; it is not based on employment. You might be thinking of Medicare, which does require an employment history (by either the beneficiary or the beneficiary's spouse).
If your common law spouse dies without a will is the surviving spouse entitled to his 401k pension plan?
There are a number of factors that can affect the ultimate payout. The employer and/or plan administrator would likely have a beneficiary designation on file for the 401(k). If the plan is an ERISA plan, it is unlikely that the interest of the surviving spouse (not the common law spouse) would be usurped. State law can come into play, too (ie, whether the wedded spouses were legally separated, etc.). I know this probably doesn't help, but the question is pretty vague and needs more details, such as was the spouse named as the beneficiary to the 401(k)? was the common-law spouse named as the beneficiary? what do the terms of the 401(k) plan indicate regarding distributions on the participant's death? is the plan governed by ERISA? were the spouses legally separated under state law (ie, did a court issue an order of separation? does state law take away the rights of a surviving spouse when there is a separation order?
Can a parent or guardian be the wrongful death beneficiary of his or her adult child in Alabama or Nebraska if that child has no wife or children?
In Alabama, the parent would not be considered a wrongful death beneficiary of the adult child if there are no surviving spouse or children. In Nebraska, however, the parent could potentially be considered a wrongful death beneficiary if there are no surviving spouse or children. Each state has its own specific laws governing wrongful death claims.
In will if one of beneficiaries has deceased does his spouse collect inheritance?
In general, if a beneficiary of a will has deceased, their share typically does not go directly to their spouse unless the will specifically states so. Instead, the deceased beneficiary's share may pass to their heirs or be distributed according to the laws of intestacy if there is no provision in the will. It's essential to consult the specific terms of the will and applicable state laws to determine the correct distribution.
