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.
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 ...
If they used a Will, then it is the executor who should be notifying you, generally within a few months of the death. If they used a Trust, then it is the trustee who should be notifying you. The timeline is much shorter. California laws, for example, require that beneficiaries are notified within 60 days of the death.
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.
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.
In this regard, California Probate Code Section 9050 requires the personal representative or executor to notify heirs and beneficiaries within a specified period. Personal representatives must begin notification within 60 days from their appointment date.
In California, the beneficiaries typically obtain access to a copy of the Will through probate. The probate process commences at the time of death, so the Will is filed with the probate court. Afterward, the proxy appointed to oversee execution can provide all the beneficiaries and family members with a copy.
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.
Check With the County Courthouse
Contact the probate courts of EACH county in which the decedent lived throughout their adult life to ask if they have the will on file—even if it was filed many years ago.
You might want to contact the National Association of Insurance Commissioners (NAIC) for their free Life Insurance Policy Locator Service, which looks for policies on the databases of many insurance companies. Another great resource could be your state's Department of Insurance (DOI).
Ways an Executor Can Override a Beneficiary
For example, the executor may decide to sell estate property that one or more of the beneficiaries were hoping to receive as part of their inheritance.
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.
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.
If you are the beneficiary of a trust, the California Probate Code requires trustees to notify you within 60 days of the settlor's death. Sometimes the trust settlor will also notify any disinherited heirs as well to avoid any ambiguity.
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.
An executor may overrule beneficiary wishes if it is necessary to comply with a will's terms or a court order, though they cannot unilaterally reduce inheritance payments or alter will terms without following legal and ethical boundaries set out by both state law and the will itself.
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.
The answer would be the decedent's heirs, who may consist of their surviving spouse, children, grandchildren, parents, siblings, and nieces and nephews, among others. To put it simply, even when there is no will, the administrator does not have the authority to decide who gets what.
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.
They can be named in a Will or Trust, or as we noted earlier, identified on a policy or account. Contingent Beneficiary: A contingent beneficiary is named as the “second in line” to receive benefits.
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.