My father recently passed very quickly and he was the beneficiary ot a large estate owned by my late grandmother and living grandfather. Noone expected his passing before my grandfather, but he made a last will and testament naming me as the beneficiary to the estate upon his demise. My question is, is that automatically transfered to me or does there have to be some legal representation involved?
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Answers & Comments
Sorry to hear of your loss.
No, I'm not sure where you got the idea that things happen "automatically", especially when it comes to transfer of assets. Sounds like wishful thinking.
An estate is the property of a dead person. By definition. So, your living grandfather is NOT the owner of an estate. Perhaps a trust? Until you understand what the actual legal/financial structure is you are asking about, we can't help you much.
In an estate, the Executor transfers assets to the beneficiaries, pays taxes and other debts, executes the provisions of the will, then closes the estate. So, the Executor of your father's estate will handle the transfer of assets. In Michigan if the assets are negligible then the court doesn't have to be directly involved. For a larger (or more complicated estate) estate, if your father did not designate an executor in his will, then the court will assign one. Be careful, my grandmother chose a lawyer for my grandfather's estate and he cheated her out of all the money (Kalamazoo). So, even if there is an Executor, you need to pay attention. They have to send you updates and accountings. I was my mom's executor (She died in Clarkston) and I sent out information quarterly to my brothers and sisters (the beneficiaries) about what I had done, what I had paid, bought, sold, etc.
It is by NO means certain (in MY mind) that you are the beneficiary of your grandparents estate/trust. The Will(?)/Trust documents(?) determines it. Your description is wrong, so its hard for me to say. Also, you talk about two men and then say "he made a last will and testament..." You need to be clearer. Your father ? Your grandfather?
So if the money has been transfered to your father, then it IS in his estate.
If your grandparents created a living trust, then the assets are in it and its provisions should be changed, if possible. You will have to talk to your grandfather. If the money is in a trust with your father as beneficiary, then that document will have to be read to see if you are a secondary beneficiary.
The first thing you need to do is understand where the money is and who controls it. It sounds as if (possibly) your grandfather may be better able to answer your questions, if he is financially sophisticated. So, who is your father's estate's executor? S/He will be able (after they have had the time to find out, it takes a while) to answer most of your questions about your father's assets. Other instruments, like a living trust of your grandparents, may not be part of your father's trust and have to be handled by the trustee. Similarily with a regular Trust.
I've forgotten what the limit is, I think it is $25,000. Below that you can handle the ESTATE easily. Above the limit, again I've forgotten how much, the Estate should get a lawyer to handle the court filings (often a lawyer IS the executor). THe estate is a legal entity with is 'regulated' under state law.
The Executor has legal and fiduciary responsibilities and so has to be someone comfortable with taking those on.
I was my mom's estates Executor and also the Trusee of her trust, it wasn't too demanding but I relied on her lawyer to file with the court (I do not live in Michigan). It cost several thousands of dollars, and for what he did, it was not a very good deal. But I got it over with.
So if the assets are substantial, there will be an executor, a lawyer and (IMHO, having done it myself) an accountant (to file taxes). These three jobs can be done by two people, easily. But again your father's WiLL determines how the Executor is appointed.
It's going to depend on a bunch of factors - the most important of which is, how exactly he was beneficiary.
If he wasn't due to inherit anything until after your GRANDFATHER died, since he died BEFORE your grandfather, it will depend on how the will is actually set up. Deceased people can't inherit anything, but it's possible that the will was set up to "or his decendants". or some such, so that it would be split between your dad's children.
If it wasn't set up to pass along the family line, well, there's no actual ESTATE for a JOINT estate, until BOTH people are dead, and your dad's POSITION as beneficiary, is flat out not inheritable.
So it's not an easy answer. But I bet your grandfather would know. You probably need to ask him, since after suddenly losing your dad, getting money from his parents is pretty darned important.
As a beneficiary it means he would inherit the estate if he lives longer then his father and once that happens it is passed on to his beneficiary which as you say is you.
However as your father passed away before the inheritance was passed to him because your grandfather is still alive it would not pass on to you. You can't pass on what you don't have yet.
Your grandfathers will would either need to be changed to update the beneficiary or if he has another beneficiary already listed it would revert to them upon his death.
Your father WAS the beneficiary of your grandfather's estate. Now that he is deceased, it'll depend on what your grandfather has stated as to whether you'll see any of the estate. It could go to charity if the grandfather wishes.
Sorry to hear about your father.
The beneficiary of the life insurance will be the beneficiary on the policy. That person will only be the beneficiary for the life insurance money. For everything else, the beneficiary will be the beneficiary listed in the will.
Your grandfather would be able to tell you what he wants to happen to his estate now that your Dad has passed.