Q&A

Can a friend claim an inheritance if there is no will?

Can a friend claim an inheritance if there is no will?

Warnings. Without a will, courts follow the probate law of the state in distributing the estate’s assets, which may not be in accordance with the wishes of the deceased. Close friends or unmarried partners typically cannot claim an inheritance if there is no will.

What do I need to do to claim an inheritance?

Pay the estate’s bills and taxes. Before you can claim an inheritance, the debts owed by the deceased must be paid out of the estate’s assets. Each state’s probate law provides a priority list for paying the claims against an estate.

Can a family member steal money from an inheritance?

You might assume that your will or estate plan ensures that your money will go to your intended heirs. But inheritance theft is an insidious and underreported problem that can cost families dearly. And since inheritance thieves are usually family members, the fallout often is not only about money, but also family ties.

What should I do if my friend left me a small inheritance?

If your friend left only a small amount (apart from any jointly owned property that has automatically passed to the other owner), the executors might not need to get a grant of probate. In these circumstances, a standing search would not help. You could consider taking legal action, but more significant costs would be involved. Take legal advice.

Warnings. Without a will, courts follow the probate law of the state in distributing the estate’s assets, which may not be in accordance with the wishes of the deceased. Close friends or unmarried partners typically cannot claim an inheritance if there is no will.

How can a family member claim an inheritance?

Some states allow a close family member of the deceased, such as a surviving spouse or child, to request appointment. The executor then must appear in court and be sworn in. The court gives the executor paperwork that enables him or her to legally act on the deceased person’s behalf.

Do you have to file taxes on an inheritance?

Unless the combined gross assets and previous taxable gifts exceed a particular amount (for 2018, this exemption is $11,180,000), no estate tax return reporting the inheritance is required. This means only large estates are subject to estate tax. If you receive your inheritance as cash, the money comes to you on a tax-free basis.

How do I get my share of an inheritance?

This is probably the easiest way for you to receive your share of the estate, since you receive the money directly. Once you have access to the funds, any interest earned on the money is taxable as any other money normally would be. Some inheritances come in the forms of stocks or mutual funds.