Since contesting a designated beneficiary can be a complex process, you'll want to be absolutely certain you have standing to do so. Contacting an experienced attorney can remove the guesswork from the process.
An executor can override the wishes of these beneficiaries due to their legal duty. However, the beneficiary of a Will is very different than an individual named in a beneficiary designation of an asset held by a financial company.
For example, a sibling of a deceased person, despite their close familial ties to the deceased, would not have standing to contest their will unless the deceased died without a surviving spouse, children or parents, since that would render the sibling the deceased person's closest living heir according to the order of ...
There are many reasons why you may wish to contest a bank account beneficiary. For example, if you believe the beneficiary on an account is someone other than whom the decedent had intended to name as a beneficiary, you may wish to pursue legal action.
Can a Trustee Change the Beneficiary? Trustees generally do not have the power to change the beneficiary of a trust. The right to add and remove beneficiaries is a power reserved for the settlor of the trust; when the grantor dies, their trust will usually become irrevocable.
As in California, if the beneficiaries cannot come to an agreement, and none of the beneficiaries opt to purchase the others' shares, the court may order a partition of the property by sale or in kind.
In most cases, you may change the beneficiaries named on a life insurance policy or other financial account at any time. Changing beneficiaries is usually easy to do — the challenge is often in remembering to do it. Contact your employer, financial professional or financial services company to learn how.
Estate beneficiaries who do bring an action against another beneficiary, heir, personal representative or third party can seek to have the alleged offender pay for the property or return it, and potentially seek punitive damages if the harm to property was substantial.
If the estate does not have sufficient funds to fulfill these financial obligations, beneficiaries' inheritances could potentially be reduced or eliminated.
While beneficiaries can often disagree with an executor's decisions, unless the executor clearly violates the terms of the will or breaches their fiduciary duty, there is typically nothing a beneficiary can do about it.
Power of Attorney and Beneficiaries
Again, your power of attorney can only do what's set forth in the POA instrument. If the instrument does not stipulate that your POA can change the beneficiaries of banking or retirement accounts, then he or she cannot legally do so.
There is no specific time limit for signing the release, and the beneficiary does not have to sign if they do not agree with how the estate has been dealt with. However, if the beneficiary does approve, it is advisable that they sign promptly, in order to receive their share of the estate.
California executors can overrule beneficiary wishes based on the decedent's will or court orders, and align actions with legal requirements. Before making such decisions, it's wise to consult a probate attorney in order to comply with regulations and avoid potential disputes.
A disclaimer is an heir's legal refusal to accept a gift or a bequest. The disclaiming party does not have the authority to direct who inherits their share. If you properly execute a disclaimer, the asset disclaimed will pass to whoever would have received it had you died before the person who left the asset to you.
It's important to listen to them openly and with compassion and help them work through their feelings if you can. Use a mediator or lawyer if you can't make headway in your family's conflict.
You can contact the adult protective services governmental agency in your area, explain the situation and inquire about an investigation. Usually, government agencies will send someone to a parent's home to interview him or her. If possible, ask to go along with them.
If you have a life insurance plan, you've likely named beneficiaries who will receive the death benefit once you pass away. But you should also know that it's possible for a beneficiary to be contested.
Who can change the beneficiary on a life insurance policy? Many people don't realize it, but there are three main parties of a life insurance policy; the owner, the insured and the beneficiary. Often the owner and the insured are the same person. However, only the owner of a policy can make changes to it.
Trustees can sue beneficiaries for damaging trust property, with specific conditions and time limits for legal actions. Trust litigation attorneys can help trustees navigate their duties, resolve disputes, and comply with state laws to avoid litigation.
In some cases, the executor can sell the house without getting the sign-off from all the heirs. For example, in California, if the executor can sell the property for at least 90 percent of its appraised value, they may have the authority to move forward with the sale.
Safekeeping by the Testator. While it's common for the executor to hold the original will, some individuals prefer to keep the original will in a safe place themselves. This can be a safe deposit box, a fireproof safe at home, or with an attorney.