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My ex-spouse left a pension. I think, though I do not know,

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he named no beneficiary. The...
My ex-spouse left a pension. I think, though I do not know, he named no beneficiary. The company contacted me as spouse but when learn we had divorced said I did not qualify as a beneficiary. The fund provides that the funds will pass into his estate. He did without will in Arkansas. His heirs would be his two sisters who have stated they wish for me to have the money. What do we do.
Submitted: 1 year ago.Category: Estate Law
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Answered in 1 minute by:
7/31/2016
Estate Lawyer: Taylor, Attorney replied 1 year ago
Taylor
Taylor, Attorney
Category: Estate Law
Satisfied Customers: 257
Experience: Attorney
Verified

hi my name is ***** ***** I would be happy to help!

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Estate Lawyer: Taylor, Attorney replied 1 year ago

since he died w/o a will, intestate succession goes to spouse, children, parents then siblings. does he not have children or parents alive?

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Estate Lawyer: Taylor, Attorney replied 1 year ago

since he died w/o a will, they will need to receive the pension and then can do as they please once they have closed the estate. does that make sense?

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Estate Lawyer: Taylor, Attorney replied 1 year ago

let me know what further questions you have, when you are satisfied i would greatly appreciate a positive rating!

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Customer reply replied 1 year ago
Well, you did not answer my question. No parents, two siblings. A pension requires income tax. Is there a way that I would assume all tax liability or would they be liable for the tax ? If they pay the income tax and then gift me the money, will I owe tax on money over gift maximum?
Customer reply replied 1 year ago
I asked you to call. I did not receive call so I had better not be charged for call.
Estate Lawyer: Taylor, Attorney replied 1 year ago

they would be liable for the tax since they would technically be the beneficiaries of the pension. yes, you would owe money over the gift maximum if they transferred the money to you.

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Estate Lawyer: Taylor, Attorney replied 1 year ago

i never saw a request for phone call, i apologize. you should not be charged for one but if you see that you are just let me know and i will contact the moderator for a refund!

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Estate Lawyer: Taylor, Attorney replied 1 year ago

unfortunately there is not a way for you to initially assume the tax because they will be the recipients of the pension as the beneficiaries of the estate. does that make sense? let me know any further questions you have!

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Customer reply replied 1 year ago
Thanks regarding the call.
Estate Lawyer: Taylor, Attorney replied 1 year ago

no problem! let me know what i can do to provide you with any further help!

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Customer reply replied 1 year ago
Looks like government is going to get the most out of this pension.
Estate Lawyer: Taylor, Attorney replied 1 year ago

they may unfortunately. would have been nice if there was a will that named you the beneficiary of the trust. i'm sorry if its not the answer you were looking for.

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Estate Lawyer: Taylor, Attorney replied 1 year ago

do you have any further questions for me today?

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Estate Lawyer: Taylor, Attorney replied 1 year ago

once you are satisfied, i would greatly appreciate a positive rating! that is the only way i am compensated by JA for my time and attention to your question and a positive rating does not cost you anything further!

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Taylor
Taylor
Taylor, Attorney
Category: Estate Law
Satisfied Customers: 257
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