Questions

Which is the correct order of payment from an estate?

Which is the correct order of payment from an estate?

Typically, fees — such as fiduciary, attorney, executor and estate taxes — are paid first, followed by burial and funeral costs. If the deceased member’s family was dependent on him or her for living expenses, they will receive a “family allowance” to cover expenses. The next priority is federal taxes.

How is money distributed from an estate?

An estate bank account is opened up by the executor, who also obtains a tax ID number. The executor must pay creditors, file tax returns and pay any taxes due. Then, he must collect any money or benefits owed to the decedent. Finally, he or she distributes the remainder in accordance with the will.

Does executor get paid first?

Under California Probate Code, the executor typically receives 4\% on the first $100,000, 3\% on the next $100,000 and 2\% on the next $800,000, says William Sweeney, a California-based probate attorney. For an estate worth $600,000 the fee works out at approximately $15,000.

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What gets paid first on a Will?

If there isn’t enough money in the estate to pay off all the debts, the most important are paid off first. If there are assets, such as a car or house which could go towards paying off the debts if sold, it’s an option worth considering.

Is beneficiary money part of an estate?

Normally life insurance proceeds go directly to the name beneficiaries and are not probate assets. It is the money of the insurance company which, under the policy, has a legal obligation to pay the named beneficiary. So that money is not part of your estate, and you cannot control who gets it through your Last Will.

How long does it take to get your inheritance money?

In a typical probate case, you should expect the process to take between six months and a year. You should make your plans accordingly, and not make any major financial decisions until you know the money is on its way. This six-month to one-year time frame is just a guideline, of course.

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Do will executors get paid?

While an Executor may feel that they deserve payment for carrying out this role, they are not automatically entitled to get paid for their services or for the time they have spent administering the Estate.

Can an executor spend money from the estate?

To sum up, the executor of a will cannot spend the estate’s money. The executor should place all estate funds into an estate account. The executor can only use estate funds to pay the legitimate expenses of the estate, taxes and legal fees.