Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law
This answer was rated:

My 83 year old divorced mother was diagnosed with liver cancer

in March 2013. She...
My 83 year old divorced mother was diagnosed with liver cancer in March 2013. She lives in Kansas. A few weeks ago the oncologist told us she has weeks to months to live. She has medical expenses that she is paying over time (I don't know the outstanding total balance) and has no assets other than personal items and a 401k of approximately $33,000 that she received when she and my father divorced. She doesn't own a home or other property. My younger brother is the beneficiary of the 401k. Our question is what happens to the $33,000 after my mother dies? Does the law in Kansas require that the money be used to pay outstanding debt after her death?
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 1 minute by:
8/23/2013
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 17,500
Experience: Licensed Texas General Practice Attorney
Verified

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Funds payable to beneficiaries from life insurance, 401ks, IRAs, and POD accounts are the property of the beneficiaries. Thus even if the decedent had $100,000 in medical bills owed at the time of his or her death, the $100,000 insurance policy payable to the beneficiaries goes directly to the beneficiary. The decedent’s creditors have no claim against the $100,000.

ScottyMacEsq :

(or 33k in your situation)

ScottyMacEsq :

The key is to make certain that the 401k company has the beneficiary designation on file. I cannot tell you how many times a beneficiary designation form was filled out, but somehow lost in the process.

ScottyMacEsq :

If that happens, and there's no beneficiary on file, or a deceased beneficiary, then the funds go to the estate, where a creditor can get to them.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Thanks very much, Scotty. We'll make sure the beneficiary information is on file.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 17,500
Experience: Licensed Texas General Practice Attorney
Verified
ScottyMacEsq and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 17,500
17,500 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

ScottyMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

17,500 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
If there is sale of property in an estate, is the allocation
If there is sale of property in an estate, is the allocation of funds up to the executors or all the heirs?… read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
Is the executor of an estate responsible for deceased's
Hello,Is the executor of an estate responsible for deceased's credit card debt . Deceased had no property and no car just a few certificates of deposit she left to her daughter who is the wife of the … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I am an executrix of an estate. We are selling Real Estate.
I am an executrix of an estate. We are selling Real Estate. I was notified that in order to get Title Insurance the insurance company needs me to fill our a questionnaire. They are asking if Fed/State… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I am executor of my mother's estate. She passed away a year
I am executor of my mother's estate. She passed away a year ago. My name and my sister's name were POD on 2 substantial cd's at local bank. I have recently discovered that both our names were removed … read more
Bill Attorney
Bill Attorney
law
1,590 satisfied customers
The question regards to an estate if there was a will naming
Hi the question regards ***** ***** estate if there was a will naming 2 family members each get 50% of the bank accounts normally how long does it take to transfer the assets?… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I"m an executor of an estate that has designated real estate
Hello - I"m an executor of an estate that has designated real estate to be inherited by a relative. There is no mortgage associated with the property.The issue is that the estate, without the property… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I am a beneficiary of real estate property in an estate by a
Hello, I am a beneficiary of real estate property in an estate by a man that is now incapacitated. His power of attorney is the only other beneficiary for the estate. He will receive everything except… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
My aunt had her sister as her pod, Her sister died in April.
My aunt had her sister as her pod , Her sister died in April. My aunt that had named her sister pod died six month after. My aunt was distraught and confused and signed her Granddaughter as POD. My au… read more
Loren Stone
Loren Stone
481 satisfied customers
The executrix of my aunt's estate sold the real estate and
The executrix of my aunt's estate sold the real estate and didn't inform the beneficiarys or make any payments as the will instructed. … read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
Estate question. I am an Executor of an Estate. The person
Estate question. I am an Executor of an Estate. The person who's Estate I am administering was in the middle of administering her husband's estate with the assistance of her lawyer, when the Executor … read more
Richard
Richard
Owner
Doctoral Degree
4,361 satisfied customers
I have more estate issue: right to occupancy vs. life estate
I have more estate issue: right to occupancy vs. life estate and what it means if a tenant is renting outside the primary residence. The deed is set up 50% trustee (me) and 50% stepmom's trust. Trust … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
457 satisfied customers
I had 2 bank certificates in my name from my spouse pod and
I had 2 bank certificates in my name from my spouse pod and a joint bank account that she had opened for me nothing was never taken out but when my spouse passed away her granddaughter became power of… read more
Loren Stone
Loren Stone
481 satisfied customers
What is stronger in an estate. A Will or POD. My sister was
What is stronger in an estate. A Will or POD. My sister was POD and beneficiary on accounts and Survivor on accounts and estate. But the Will says we (3) get equal shares. She claims she gets all asse… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
I have a will made in 2010. I have now all assets in POD or
I have a will made in 2010. I have now all assets in POD or TODD. All left is worth under $75,000. Do the POD TODDs over ride the will made earlier. The beneficiaries are the same - all divided in thi… read more
Bill Attorney
Bill Attorney
law
1,590 satisfied customers
If I am one adult beneficiary listed on my father's POD
If I am one adult beneficiary listed on my father's POD clause of his checking account, upon his death and with a death certificate can I get my portion of the account balance.… read more
Loren Stone
Loren Stone
481 satisfied customers
I am a POA for my father and he wants me to open a POD
i am a POA for my father and he wants me to open a POD savings account and make myself beneficiary so i can "take care of my mom" , am i allowed to do that since im POA , im in georgia … read more
Loren Stone
Loren Stone
481 satisfied customers
I am a POD on my Aunt and Uncle my aunt has recently passed
I am a POD on my Aunt and Uncle my aunt has recently passed away my uncle years ago I am the POD for my aunt but cannot find a copy of it anywhere. … read more
Loren Stone
Loren Stone
481 satisfied customers
I have PODs on my bank accounts and my house. If I make a
I have PODs on my bank accounts and my house. If I make a living trust would that conflict with these and would it be a good idea to make a living trust also. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x