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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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  • Spendthrift Trust

    A spendthrift trust is a trust which is created for another person. The person creating the trust is called th...
    • Site: estateplanninglawfirms.com
  • Charitable Trusts

    A charitable trust is a trust which contains assets or property which is for the benefit of a charitable purpo...
    • Site: estateplanninglawfirms.com
  • Division of Marital Property

    Connecticut is referred to as an
    • Site: divorcenet.com

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