Q&A

What do the beneficiaries of a Will inherit?

What do the beneficiaries of a Will inherit?

Beneficiary: Someone named in a legal document to inherit money or other property. Wills, trusts, and insurance policies commonly name beneficiaries; beneficiaries can also be named for “payable-on-death” accounts. Devise: A gift of real estate left at death. Also a verb meaning to give at death.

What kind of inheritance can I get from my Aunt?

There are multiple ways your aunt or other relatives can leave you money. Your aunt could name you the beneficiary of an IRA, 401k or a living trust; she could leave you the contents of a bank account; or your inheritance could be the proceeds of your aunt’s life insurance or a saving bond. Federal tax law treats different inheritances differently;

Do you have to pay taxes on an aunt’s estate?

If your aunt’s estate is subject to federal estate tax, that could put a 45 percent bite on your inheritance, the Nolo legal website states. Starting in 2011, however, only estates worth $1 million and up will be subject to the tax, though Congress has changed the cut-off amount several times in the past.

What are nieces and nephews rights in inheritance?

Nieces and nephews inheritance laws endow you with certain rights to your aunt or uncle’s inheritance. However, your rights are lower priority than those of your aunt or uncle’s more immediate family members.

Who is the executor of an aunt or uncle’s estate?

If you are the closest living relative (your aunt or uncle does not have a living spouse, descendants or parents) or you are named as the executor in your aunt or uncle’s will, then you can be named the executor or administrator of their estate. Can I inherit from my aunt or uncle if they were not married and the children are not theirs?

Can a niece or nephew inherit from an aunt or uncle?

If your aunt or uncle did not have a will, then you will inherit only if you are “the closest living relative” – only if your aunt or uncle died with no living spouse, descendants (children, grandchildren, great-grandchildren etc.) and parents.

What happens if you are not named in an aunt’s will?

If you were not named in your aunt or uncle’s will, then you have the right to contest the will. You can win a will contest if you can prove that your aunt or uncle either did not have the mental capacity to make a will, was unduly influenced into making the will or the will was not made correctly.

If you are the closest living relative (your aunt or uncle does not have a living spouse, descendants or parents) or you are named as the executor in your aunt or uncle’s will, then you can be named the executor or administrator of their estate. Can I inherit from my aunt or uncle if they were not married and the children are not theirs?

What are the rights of an aunt or uncle in New York?

As set forth in the laws of the state of New York, you have no rights to your aunt or uncle’s inheritance if they had a living spouse, descendants or parents at the time of their death. Even if you are the closest living relative, you may also have very limited rights if your aunt or uncle left you out of their will.