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Can a beneficiary of an estate sign a disclaimer and their share go to their siblings?
It will depend a great deal on what the will says. If there is no will, and no descendants, the siblings will probably be dividing the estate equally. In that case, there should be no problem with declining one's portion and having it divided equally.
What is the default law if there is no beneficiary?
If there is no designated beneficiary for an account or policy, the default law typically designates the estate of the deceased as the beneficiary. This means that the assets or funds from the account or policy would be distributed according to the instructions laid out in the deceased's will or according to the laws of intestacy if there is no will.
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.
What rights do the residuary beneficiaries of an estate have?
The residuary beneficiaries of an estate are entitled to receive the balance of an estate after assets are distributed and all obligations are paid. For example, if a will specifies that one primary beneficiary is due $5,000,000 from the corps of an estate, the residuary beneficiary will receive the remaining balance after attorney fees, estate taxes, and other charges are withdrawn.
Can the executer of a will refuse to give the beneficiary their inheritence?
Absolutely not. And take note, no one is an executor until they have been appointed by a court. The will must be filed in probate and the court will appoint the executor. Once appointed the executor must settle the estate according to the provisions in the will and the state probate laws under the supervision of the probate court. Any executor who fails to perform their duties according to the will and the law can be sanctioned by the court.
Can an estate be named as a beneficiary in a will or trust?
Yes, an estate can be named as a beneficiary in a will or trust.
Is an executor of a will able to handle the estate of a beificiary?
No. If the beneficiary dies their estate must be probated in a separate action.No. If the beneficiary dies their estate must be probated in a separate action.No. If the beneficiary dies their estate must be probated in a separate action.No. If the beneficiary dies their estate must be probated in a separate action.
Can a beneficiary sell the estate?
A beneficiary does not have the right to sell the estate. Only the executor can sell property.
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.
How does a beneficiary know if he has to add this money to an estate?
The only reason a beneficiary would add money to an estate would be if they owed money to the estate at the death of the deceased.
What type of tax is levied on the beneficiary share of an estate?
The type of tax that is levied on the beneficiary share of an estate is known as inheritance tax. This will be assessed based on the legacies the beneficiary receives.
Can an estate be a contingent beneficiary?
Yes.
Can a beneficiary be an administrator of an estate?
Yes.
Is money received as a beneficiary from an estate taxable?
Money received as a beneficiary from an estate is not considered taxable. Money that is left on behalf of an estate is an inheritance and is considered to be tax free.
Is Life Estate part of the deceased's estate?
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.
Can a beneficiary stop the sale of a house?
A court appointed executor has the power to sell the real estate if the power to sell real estate was granted in the will or by a license of the court. If the beneficiary is the sole beneficiary and the proceeds from the sale of the real estate are not needed to pay debts then the beneficiary may be able to obtain a ruling from the court against the selling of the real estate.
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.
