3. Find all the beneficiaries
Question and answer
I’m the estate trustee. How do I manage and distribute the estate?Before distributing money from the , you must find all the .
If there's a will, you need to find all the beneficiaries listed in it. For example, the will might just say “my children” but not give their names. So you need to find out how many children the person had, who they are, and whether they're alive or dead.
If there's no will, you need to get information about the person's family. This will tell you who their beneficiaries are based on the . For example, you have to find out if they were legally and had children.
You must make reasonable efforts to find every beneficiary. If you do not know where a person is, for example, you can ask their family members and friends for information. You can search for them online and advertise in a newspaper. Keep notes about what you did.
Minors
If any beneficiaries are 17 years old or younger, you need to give their share to someone to manage it for them. Who you give their share to depends on:
- what the will says, if there is one, and
- how much money the child is getting.
If there’s a will
The will may include a trust for the child. If it does, give the child's share to the trustee named in the will. They manage the money for the child according to the trust's terms. Often, the is also named as the trustee of the child's trust.
No will or no trust in the will
If there is no will, or the will does not create a trust for a minor child, how the child's share is handled depends on the amount:
- Less than $35,000: You may pay their share to the parent the child lives with or the person with for the child. That person must hold and manage the money for the child until the child turns 18 years old. Or you can pay it to the Accountant of the Superior Court of Justice.
- More than $35,000: You must pay the child's share to the Accountant of the Superior Court of Justice who holds and invests it until the child turns 18 years old.
Or someone may apply to the court to be made the child's guardian of property. In that case, they can manage the child's share according to a plan a court approved until the child turns 18 years old.
Talk to a lawyer if you're not sure who the beneficiaries are or what to do with a minor child's share.