A number of situations exist in which a non-family member may be designated as beneficiary on a life insurance policy. Examples other than family members who could be named as a beneficiary include: Your favorite charitable organization. A lifelong friend.
For instance, California probate code provides that beneficiaries of a trust must be notified by the trustee within 60 days of the trustor's death. California law provides less-specific deadlines for filing a Last Will and Testament for probate.
A Beneficiary need not know about a trust of which he or she is a Beneficiary, and neither the Settlor nor the Trustee (if the Settlor waived the requirement for the Trustee to keep the beneficiaries informed) needs to inform the Beneficiary of the existence of the trust; but if the beneficiary finds out about it and ...
A beneficiary designation allows you to specifically name who will get particular assets, typically without the need for court supervision in a probate proceeding. Usually you'll name primary and contingent beneficiaries. The primary beneficiary is the first person or entity named to receive the asset.
Most people are happy to receive an inheritance. But there may be situations when you might not want one. You can use a qualified disclaimer to refuse a bequest from a loved one. Doing so will cause the asset to bypass your estate and go to the next beneficiary in line.
Californian law prohibits hiding or withholding a will without lawful excuse. According to California Probate Code Section 8250(a), any person found guilty of intentionally hiding or omitting a will without legal justification is guilty of a misdemeanor.
At the beginning of estate administration: Executors often inform beneficiaries at the outset of the estate administration process that they should expect to inherit from the estate.
This means that an executor can override a beneficiary's wishes if those wishes contradict the expressed terms of the will, do not comply with applicable laws, and the executor acts in the best interest of the estate and its beneficiaries.
If the estate does not have sufficient funds to fulfill these financial obligations, beneficiaries' inheritances could potentially be reduced or eliminated.
If you are the designated beneficiary on a deceased person's bank account, you typically can go to the bank immediately following their death to claim the asset. In general, there is no waiting period for beneficiaries to access the money; however, keep in mind that laws can vary by state and by bank.
Most beneficiary designations will require you to provide a person's full legal name and their relationship to you (spouse, child, mother, etc.). Some beneficiary designations also include information like mailing address, email, phone number, date of birth and Social Security number.
Typically, you might receive a certified letter from the personal representative notifying you that you are a beneficiary. However, you can always contact the estate attorney to explain the will to you.
An heir can claim their inheritance anywhere from six months to three years after a decedent passes away, depending on where they live. Every state and county jurisdiction sets different rules about an heir's ability to claim their inheritance.
If the executor is not informing beneficiaries about the estate or is withholding certain documents, an experienced probate lawyer can help beneficiaries bring a claim to try to force the executor to provide them with the information they're seeking.
Joint owners or beneficiaries of the deceased person's account can work with the bank directly to access the funds. If the account becomes part of the owner's estate, the legally designated executor can collect the funds and place them into an estate account.
The timeline is much shorter. California laws, for example, require that beneficiaries are notified within 60 days of the death.
Dealing with a problem beneficiary
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.
Q: Can an Executor Withhold Money From a Beneficiary in California? A: Executors do not have the authority to act outside the guidelines stipulated in the will. An executor cannot withhold money from a beneficiary unless they are directed to do so through a will or another court-enforceable document.
While it is often beneficial to communicate with beneficiaries regarding the estate administration, executors are not required to comply with every single request for information. Beneficiaries are often surprised to discover that in reality they have a right to very little information regarding an estate.
When someone contests a beneficiary, they usually hire an attorney. They also contact the life insurer before it pays out the death benefit, typically a few weeks after the policyholder's passing. Once a life insurance company receives a notice of contest, they'll wait for everything to be settled out of court.