QUESTION

How can beneficiary be identified?

Asked on Jul 30th, 2015 on Wills and Probate - Georgia
More details to this question:
Family member passed away, and there was no will. However, family believes decendent had annuities,savings and investments.
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
I assume you mean that the family believes the decedent (not the descendant) owned annuities, savings, and investments. If my assumption is correct, the first step towards finding out who the beneficiary is, and whether there is a beneficiary designated, is to contact each institution where an account is held and the issuer of each annuity. Someone needs to notify each company that the owner is deceased and provide a death certificate, if asked. If there is a beneficiary designated, then the company will normally try to contact the beneficiary directly, using the information they have on file. If there is not a beneficiary designated, then the company will likely tell the person who contacted them about the owner's death that someone needs to get Letters Testamentary before the account or annuity can be dealt with. In that case, the owner's estate is now the owner of that account or annuity, and someone will need to open the probate estate and get appointed as the administrator (because you said there is no Will--if there had been a Will, it would be the executor) to handle things. The account or annuity that becomes part of the owner's probate estate then needs to be used to pay any debts and taxes owed by the deceased person, and any administrative expenses and taxes that are associated with the estate administration (including funeral expenses for the decedent). If there are assets left over after all those items are addressed, the beneficiaries of the estate will be the deceased owner's heirs, as determined by state law. If the deceased was a resident of Georgia, the heirs will be the spouse, if the deceased was married, and any children. If a child predeceased, that child's children take the child's place in line. If no spouse and no children or other descendants of the deceased exist, then the deceased's parents are the heirs. If no parent, the siblings, and so on. If anyone has questions, it is best to consult an attorney.
Answered on Jul 30th, 2015 at 1:53 PM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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