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If someone dies and hasn't signed a beneficiary his only child is an infant he wasn't married to infant sons mother is his parent mother legally the executor will your son get his money before 18?
Wiki User
∙ 11y ago
The Mother would NOT be the executor of his will, unless he names her that in the will. Does he in fact have a will? Who is the beneficiary of the life insurance policy? There MUST be one, it's asked for in the application. The son won't get the $$$ before 18 as he can't sign a valid receipt. He could get the benefits of the $$$ if someone is named to handle that.
AnswerHE HAD GOT A NEW JOB WHICH AUTOMATICALLY GAVE EACH EMPLOYEE $25,000. HE HAD NOT DONE THE SIGNING OF BENEFICIARY YET, HE COMMITTED SUICIDE THE MONEY WAS AWARDED, I AM TOLD, TO THE EXECUTOR,HIS MOTHER, BECAUSE MY SON, NOW 5, WAS TOO YOUNG TOO HANDLE IT AND HE AND I WAS NOT MARRIED. SHE WAS HIS NEXT OF KIN BUT HIS FATHERS ALIVE TOO. I DON'T KNOW HOW TO CHECK INTO THIS WITHOUT THEM KNOWING, I DON'T WANT TO START A FAMILY RUCKUS, AFTER WHAT WE ALL WENT THREW ALREADY.
AnswerIf the child's Father (employee) never filled out a beneficiary form - then it sounds logical that the $$$ was paid to his Estate (Mother). You might check with the local probate court to see if a case was opened there. Without a will or you or your child being named in a will or as beneficiary - I don't think you have any claim on the $$$. Do you have a child support order? Is the Father named on the Birth Certificate? What's the Father's total estate worth? Did he own a home, car, stocks, bonds, etc. If you have further questions - follow the links to get information or contact an attorney.
Wiki User
∙ 11y ago
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Can the executor benefit from the will?
Yes, the executor can also be a beneficiary of the Will. Also, in most jurisdictions the executor can be paid from the estate for their services up to a certain amount that is generally set forth in the probate laws.
In North Carolina can someone besides the executor of the will put the land up for sell as long as they are a beneficiary?
Real property can only be sold by the executor of the estate. A beneficiary is not allowed to sell the property.
Legally does the life insurance carrier have to notify someone who is named as an executor of a life insurance policy if they are different than the beneficiary or spouse?
Although there is no legal requirement in some states, an insurance company will answer questions from the executor of an estate, owner of the policy, or whoever had power of attorney over the policy at the time of the insured's death. The beneficiary has no right to any information on a policy until a claim is to be paid to them.
If a person leaves a house to someone in a will can the beneficiary move in right away or have to wait for the probate court to approve the will?
Not only does the beneficiary have to wait for the probate of the will, but will most likely have to wait until the executor is satisfied that the house does not need to be sold to pay any debts of the estate. Until administration of an estate is complete, the executor has the right to possession of all estate property, including the house. If the executor wants to, he/she can let the beneficiary in the house. But even there, the person appointed as executor has no power to allow that until the will has been probated. This is because that person has no power to act as an executor until the will is probated.
What should you do if the named executor who is also the main beneficiary is not acting in the best interest of the other heirs?
Either renounce or administer the estate or pay a professional to deal with the matter and the fees would be met from the estate. It is up to the executor to decide. If the exector decides to administer the estate, he or she can be paid a fee (amount varies by state and county). The executor is not a beneficiary and the beneficiary is not the executor. The beneficiaries really have no say as to what the executor should do (i.e., adminster estate, hire attorney to represent estate, or renounce). The executor has a sworn duty to administer the estate in accordance with the deceased's will and the laws of the state and county of probate.
Can the executor disinherit someone from the will?
The executor is often a beneficiary of the will. They have to show the court a complete accounting of the estate. This means the judge has to validate that they aren't taking more then they are entitled to.
Can someone sue an executor after the probate process is completed?
Yes, if the executor abused their authority, wasted assets, failed to follow the provisions in the will and the probate laws, failed to pay creditors or did any number of things an executor should not do or failed to do things an executor should do. An executor can be held personally liable for their misbehavior.
What is a executor?
The executor of the will is the person responsible for following the instructions of the will. They work with the probate court to make sure everything is done legally. The court provides them with a letter of authority that will allow them to act on behalf of the estate.
Can you purchase your late mother's house as you are a executor and beneficiary?
If you are the beneficiary then the property will pass to you. You don't need to buy it. However, in order for title to pass to you legally the estate must be probated. Any time a person dies owning real property the estate must be probated. You should consult with an attorney who can review your situation and explain your options. Perhaps someone from the UK could provide additional information.
What if a spouse dies and you may be a beneficiary to their 401k but you divorced 10 years ago are you still eligble?
IF you are still the beneficiary on file for your ex-spouse then you are legally entitled to that money. If there was an updated beneficiary that lists other people as the beneficiary then you are not. On caveat is if you are listed as the beneficiary and the ex-spouse has a will in place that leaves the account to someone else, then you are not entitled.
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 you get married in Gods eyes even though you are legally married to someone else?
No. That would be adultery.
