Friday, January 1, 2010

Split Annuity What Does "estate" Include? Brother Wants Insurance, Annuity Proceeds For Which I Am Beneficiary.?

What does "estate" include? Brother wants insurance, annuity proceeds for which I am beneficiary.? - split annuity

I am the executor of the will of the mother, she left $ 4000 brother and I share the cost of services, invoices remainiing I pay my money, there would be some kind of inheritance "of the farm. Otherwise he would have nothing. It means that leave the property, because Mama gave me the money, and mentioned that "other reasons were" made to Me.Then is an insurance and pensions-listing me as a beneficiary, an income list us as co-beneficiaries, and a pensions, which are listed as recipients. Reaffirms all say that my mother wanted to leave because he gave me $ previous years. He said it would pay for services, or if he thought he could make the recipient. dates of this policy prior to the will. He wants it all. He paid more than agreed (above the ticket to his son), he has little mention of gas to drive here. What is the "mass" What shall I give? Please help.

4 comments:

Esq. said...

The money from life insurance and pensions, go directly to the designated recipient. The annuity is an insurance of life insurance companies (life upside issued). Legally, that money not as part of the heritage of the mother.

His brother sounds selfish and ungrateful for the one you find what you were until today.

She knew that her mother wanted information on the beneficiaries have other change. The authors have no liability or distribute a legal claim to the proceeds of life insurance or pensions.

Each of you then you will receive from the insurance companies on behalf of the file. Personally, you have no obligation to give anything (unless you want to donate some to him. It would have the gift tax as long as the prosecutor) to pay from about $ 12,000 for each donation. She pays the bills of the mother half of the $ 4000, not to do something very generous and too. It is an ungrateful pig.

What do you say it has more than what paid in (tickets for children, gas, agreed to travel to his homeland for burial). That's what happened andor maybe if you are separated from the coast. (Is) your son or not? When it comes to your son for his involvement in the return ticket and forget the incident.

Everyone has personal travel expenses for an event. Would you say that you do not pay these charges if he knew he would not receive any money? Have you missed the funeral, for the love of God, knowing it would be a reward?

His brother went into retirement and insurance benefits, 1 / 2 to death. And you will too. Your mother was right. It is fortunate that there is nothing at all, given the cost of health care that could have a joint rescue of his mother, he could have drawbacks pension and life insurance, so that both with nothing.

It would be desirable to pay and sit down to 1 / 2 hours would be a lawyer (or a banker, it is probably free) for advice and none of them explained how the system works. You can by a phone call in three ways, whether travel would be nice to be just. This person NECKAP to give an objective assessment of the insurance or annuity income, the role of the executor, the terms of a will, and so on. His brother will receive information from a third party would be no reason to have to keep something against you.

Phil R said...

Without knowing what you say, and without examining the relevant documents will be opened (, pensions, etc.) are not here, counsel may have a definitive answer.

In general, given (and there are many execeptions) pension or insurance for the appointment of a life outside of the receiver, and not part of the court. In many states it is) for the common property held (bank accounts, real estate, personal property. In some states, a common property for the purposes of inheritance tax.

It is necessary to consult a lawyer in your state licensing concrete answers. For a referral to a lawyer for probate court in your country, contact your local bar association or state.

oldguy said...

property might include (collections of everything from a thimble for car and home), stocks, bonds, savings, checking, safe deposit box, insurance. It seems to be annoyed that you have the money. All that is paid for children etc. expences out of his pocket and not applied against the property. To obtain legal advice. a good Legal Assistant (which are cheaper). Looks like it will be ugly.

Erik B said...

Of course, it all depends on the state where you are, but in general, insurance benefits are not part of the property. "In some cases, the beneficiary of an insurance trust can, but often is an individual who seems to be the case.'s Look at it this way, your mother a few things, the money in a bank account, maybe a house, perhaps a Auto. When she dies, all this falls into your estate. What is not up to his death? complete services! In fact, as you have by listing the beneficiary of a type of ownership of these payments, even before his death ( although it could change at any given time, but becomes irrevocable) after your death.

In terms of revenue, not in a position to determine, not whether it was or how to obtain insurance. Probably not, too bad. The fact is that a bank account with the death of the recipient on the list, an insurance and any other financial instrument at the death of a container, all of the same act. After the death of the owner of the product is no longer the original owner of a helds not in the equity of the original owners. They completely bypass the property. What about me point out that pensions act in this way.

His brother has said many things that your mother had said before his death. It is not uncommon when someone dies. Otherwise reasonable people who love you very angry if the money at once into the picture and it's a bit difficult to know where it goes. The problem is that the financial institutions, insurance benefits and pensions will not talk to your brother for him. They paid to beneficiaries, as specified, or let the courts decide. However, there is a presumption that everyone will or the beneficiaries of the death was the wish of his mother. Probably, he said that everything is shared, as he reads the will and the beneficiaries of death. If your brother wants more money must be a judge, you either unduly influenced his mother to give her (convinced otherwise and demand for them and give them a little guilty ISN & #039; undue influence case, there must be something), the strains of the court to prove he has, or has it been understood completely wrong, that he (or perhaps he was mad). But the evidence before the court undue influence or a big misunderstanding, it will take more than one word, like his brother.

It is interesting that the states that want nothing to leave you because he gave money earlier. I do not know exactly what it says, but it could be argued that this could be used in part to show that he was referring to the amendment of the list of deaths of the beneficiaries. Of course, it would have been years since the signing of the will, these lists would change declarations of intent to have less impact. I also wish your brother would be more than declarations of intent and self-serving statements must.

My advice to your brother would be, what they can get and leave him alone. If you want to pay a lawyer to follow this path, I assume that the lawyer for a property for themselves can take over.

Of course it is always best to employ a lawyerLearn more about your exact location and can only talk about the California law.

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