The timeline is much shorter. California laws, for example, require that beneficiaries are notified within 60 days of the death.
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 ...
Life insurance policies may be listed in public records. The first place to check is your loved one's will. If your loved one went through a divorce, a life insurance policy may be listed as an asset in those proceedings.
Many states require insurance companies to check the Social Security “Master Death File” for deceased policy holders and to try to notify their beneficiaries when they find a policyholder on that list. But that can take time. And it's not the rule in every state. So, don't count on the company finding you.
An Executor's Disclosure Responsibilities
The executor's first duty to beneficiaries of the will is to identify, locate, and contact them to advise them of their status as beneficiaries. This should be done in writing. A beneficiary of the will has the right to a copy of the will, which the executor should provide.
Beneficiary of a Will
If you're not sure you were named as a beneficiary in someone's Will, check with the probate court in the county where the decedent lived. Since it is a public record, you can request to see the Will's filing.
If a beneficiary can't be located and it's not known whether that beneficiary is still alive, an application to the Court for a Benjamin order may be necessary.
The first step in locating a missing beneficiary or heir is to thoroughly review all estate documents and personal records. This includes: The Will: The will may contain addresses or contact information for beneficiaries. Family Records: Personal letters, address books, and family photographs can provide clues.
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.
When the heirs fail to claim the property within a specified period of time (the dormancy period) it passes to the state's unclaimed property division, a process known as escheat. The state will hold onto the funds until an heir can be found or a certain amount of time has passed.
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.
A typical timeline
While there is no strict deadline, beneficiaries are usually notified within a few weeks to a few months after someone's death.
When distribution is expected: Executors typically contact beneficiaries when the distribution of assets is imminent. This ensures that beneficiaries are prepared to receive their inheritance and can provide any necessary information, such as bank account details, for the transfer of assets.
While information like the testator's beneficiaries will be available to the public, some details may be redacted for privacy reasons—such as social security numbers, addresses, birth dates, and financial information like bank account numbers.
The answer is no
Purchasing a life insurance policy always involves the person named on the policy. Insurance companies will not allow anyone to buy insurance in your name without your agreement. The only exception to the rule is when a parent or grandparent purchases a child's life insurance policy.
The duty to maintain confidentiality is in place to protect beneficiaries. This duty requires trustees to keep affairs of the trust confidential (unless the trust instrument states otherwise or when trustees are required by law to disclose said information to “interested persons”).
Your first step, if you believe you may have inherited through someone's will or by intestacy, is to examine the records of their probate case, which you can do through the Probate Court of the county in which they lived at the time of their death.
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.
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.
The best way is to contact the policy's issuer (the life insurance company). Their records are key: even if you see your name listed on an old policy document, the deceased may have changed their beneficiaries (or the allocation of benefits among those beneficiaries) after that document was printed.
A will cannot override a beneficiary designation because the policy is a contract between the person who purchases it and the issuer. The only way anyone can override a beneficiary other than the policyholder is if a court determines there's a conflict between named beneficiaries and state laws.