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Residuary Estate

Residuary estate refers to any portion of an estate that remains to be distributed after all specific bequests are made, all probate costs and debts to creditors are paid. Residuary estates also contain any parts of the will that fail to be gifted, for example, the beneficiary is no longer alive and an alternate beneficiary is not named. The testator may name someone, often a charity, to be the beneficiary of the residual property of the estate. If however, no residual beneficiary is named, the residual property will be considered intestate and divided according to the intestate laws of the state in which the decedent died, typically meaning the residual property will pass to the testators heirs.

Fast Facts

  • If residuary property is willed to a charitable organization the Federal estate tax is payable out of the residual estate.
  • Residual estates are also known simply as residue and unless specifically bequested to someone will be dispersed by the laws of intestacy.

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  • When an Executor Should Take a Second Look at the Will

    If you're serving as the executor of a loved one's estate, it may not be enough to read the provisions of thei...
    • Site: nolo.com
  • When a Will Beneficiary Has Died

    If you’re dealing with a will that leaves property to someone who died before (or very soon after) the will-ma...
    • Site: willsandtrustslawfirms.com
  • Common Terms Found in Wills

    Wills are often written with lots of legal jargon, making them hard to interpret. Here are some of the terms y...
    • Site: willsandtrustslawfirms.com
  • How to Read a Will

    Many wills are full of legal jargon. Fortunately, once you understand the terms, they’re not that complicated....
    • Site: willsandtrustslawfirms.com
  • Michael Jackson's Will

    LAST WILL OF MICHAEL JOSEPH JACKSON   I, MICHAEL JOSEPH JACKSON, a resident of the State of California, declar...
    • Site: willsandtrustslawfirms.com

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