THE AMOUNT "EXEMPT FROM INHERITANCE TAXES" VARIES FROM STATE TO STATE. CHECK OUT FINDLAW.COM AND LOOK FOR PROBATE CODES FOR YOUR PARTICULAR STATE. REMEMBER, THOUGH, ALTHOUGH THE PROPERTY OR MONIES INHERITED ARE STILL SUBJECT TO "INCOME" TAXES....THIS IS IMPORTANT. IF YOU FAIL TO FILE INCOME TAXES ON THE INHERITANCE, THE PENALTIES ARE EXCRUCIATINGLY PAINFUL, BOTH AT THE STATE AND FEDERAL LEVELS.
No, the beneficiaries receive the estate. An executor could be a beneficiary
A sole beneficiary should, in theory, receive the entire estate, minus the fees of the executor.
The residuary estate is everything not specificallymentioned as gifts. The sole residual beneficiary is that person named in the Will to receive the residuary estate.
Yes. A secondary beneficiary only becomes beneficiary if the primary beneficiary dies before the insured. Say the insured and primary beneficiary are involved in a fatal auto accident but the insured dies an hour before the primary beneficiary. The insurance proceeds would not go to the secondary beneficiary but to the estate of the primary beneficiary. If the primary beneficiary dies an hour before the insured then the secondary beneficiary receives the proceeds. If an insured wants both to receive monies they can name more than one person as primary beneficiary and in what percentage for each person. They could also leave it to their estate and handle distribution by a will.
The beneficiary's share goes into their own estate.
The personal representative speaks for the estate and acts on its behalf. A beneficiary is someone that is expected to receive a bequest from the estate. They can be the same person.
There is no estate until the testator has died. Only after death does the estate exist and at that point, it may be possible to get some support help, depending on the will and the laws.
No, they have no rights in the property. The estate does not exist if the testator is still living and the assets may be needed for their support.
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the residuary beneficiary will receive the remaining balance after attorney fees, estate taxes, and other charges are withdrawn.
No. The executors' duty is to follow the instructions set out in the will. They can't voluntarily remove a beneficiary, however it may be that debts incurred by the estate reduced the amount to be distributed. Some of the beneficiaries may not receive anything due to this.
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.
In fact, this is how most wills are set up. They pay out a percentage of the estate. For example, if the estate was worth $100,000.00 and a beneficiary was to receive 15% of the estate, they would receive $15,000.00.