QUESTION

What happens if my parents do not specify a benefactor?

Asked on Aug 14th, 2011 on Estate Planning - Georgia
More details to this question:
I am adopted and I am an only child. My parents did not specify a benefactor in their will, will this cause problems later? My main concern is that my uncles will try to take the estate after my parents pass. If they do not specify a benefactor can they?
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3 ANSWERS

The term "benefactor" is confusing. A "benefactor" is one who benefits another. The person who takes under a will is a "devisee." No one would write a will that has no devisees that would be a completely pointless document. Your parents should have some estate planning done by a lawyer experienced in the area.
Answered on Aug 17th, 2011 at 6:41 AM

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Family Law Attorney serving Chandler, AZ
2 Awards
If you were adopted by your parents, then the law treats you as though you were born naturally to them. I'm not sure I understand what you mean by saying that they did not specify a "benefactor" (I think you mean "beneficiary"?) in their will - this is one of the primary purposes of the will, so if they executed one, there should be some guidance about how they wish for their estates to pass. If there is no will (or no mention of beneficiary designation in their will), then the statutory distribution would control - generally, this means that the surviving spouse inherits. If there is no surviving spouse, then the child/children inherit, etc. If you are their legal child and you survive your parents, then you would be the one in line to claim their estate (siblings are not in line to inherit if there are surviving children), unless their will (or other beneficiary/transfer designation provides otherwise).
Answered on Aug 17th, 2011 at 5:58 AM

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Glen Edward Ashman
There is no such thing as a benefactor and a will with no beneficiary is void. So since your parents apparently wrote something worthless without a lawyer, encourage them to see a lawyer.
Answered on Aug 16th, 2011 at 9:45 AM

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