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View Full Version : What happens to my money left to me as beneficiary if there is not enough money in..


frauali
Sep 28, 2010, 07:37 AM
I reside in NJ. My mother recently passed. She left me as beneficiary on 2 of her accounts. What happens if there is not enough money in the estate to cover her debts? Do I have to forfeit the money left to me as beneficiary?

joypulv
Sep 28, 2010, 07:57 AM
Probate will know which debts get paid out of what she left you. You have no choice; there is no forfeiting. It can take months.

ScottGem
Oct 1, 2010, 04:06 PM
It depends on the type of accounts. Generally, an account that has someone listed as a beneficiary the account passes to the beneficiary outside the estate. Only assets of the estate are subject to debts owed.

AK lawyer
Oct 1, 2010, 05:18 PM
It depends on the type of accounts. Generally, an account that has someone listed as a beneficiary the account passes to the beneficiary outside the estate. Only assets of the estate are subject to debts owed.

Yes. And to answer the question, assuming that the accounts are not a part of the estate, if the estate is insufficient to pay the debts, you would have no obligation to pay those debts.

Fr_Chuck
Oct 1, 2010, 06:19 PM
Yes, were you a joint owner and how was it written up makes all the difference. If done properly money in accounts don't go into probate to pay toward the debts. So it will depend completely on how it was set up