How does the executor pay off debts and final expenses if all accounts have beneficiaries names?

Are you saying the insurance policy need to be designated for burial insurance other than that some one can see that as their inheritances.I have a Legal zoom will and have designated each of the five an equal $ will that fly.I left brother and a sister in charge neither are married!

LMR - you'll need to get your father to agree to change the beneficiary designation - to include above what is split - any expenses of the estate. Otherwise, if the insurance settlement or the bank account is POD then it's non-probatable asset. Which means it will be split and any expenses will not be paid.

I learn a lot from some subscribers and visitors on this site -- but I also have a chance to contribute a bit here and there, from time to time... It seems to me that Theresa2 really should be discussing pay out to heirs versus creditor claims with a reliable probate or estate attorney. The lawyer will know what the specific probate laws are in Theresa2's state... just to be sure all the i's are dotted and the t's crossed. That's why people have lawyers handle probate and trust inheritance matters. Also sounds to me like Therersa2 could use some extra cash coming in... Maybe I'm wrong, but that's the feeling I get. Theresa2 -- you know, you can always apply for a probate loan, inheritance advance, or inheritance loan -- from one of the better, more established and reliable inheritance advance boutique firms just searching for inheritance loans, or probate loans, or inheritance advances... maybe for fast estate loans, trust fund loans, probate advances... whatever, using that terminology -- you should come up with several reliable inheritance advance firms -- you'll see right away why people like inheritance loans... an inheritance advance is super fast and doesn't give you the 3rd degree or mental torture like most bank loans do.... These firms give out inheritance loans that are relatively easy and fast, and you can pay off the inheritance advance later on when probate closes. or when a trust reaches final distribution. None of that monthly payment nonsense, or compounding interest... So Theresa2 -- or any of you guys who might be in a similar position -- can put together a pile of really fast inheritance advance cash, and not have to deal with any of the usual personal loan institutional garbage! Kind of win-win, as I see it.

I WAS LEFT POD BY MY FRIEND OF 30 YEARS,SHE DIED AND I AM NOT BLOOD RELATED,CANT GET DEATH CERTIFACATE,VITAL RECORDS IN SANTA FE NEW MEXICOSAID GET A HEAD LETTER FROM BANK,BANK REFUSES TO GIVE ME ONE,HOW CAN I GET A DEATH CERTIFACATE,CERTIFICATE,THATS ALL I NEED TO GET THE FUNDS,WHAT CAN I DO?

You have to send in the request for the death certificate. If you will talk to your state or county's vital statistics office, they will tell you where to mail your request and how much money to send.

My wife and I want to keep some bank CD's from being immediately paid out to
POD beneficiaries at our deaths, so that my executors can pay final expenses, real estate and income taxes that undoubted ly will be due. May we set up some
asets with the executors being beneficiaries for this purpose?

You may want to consult at attorney about this. If you make the assets POD to "the executor of the estate", that could be interpreted to be a personal payment to the executor for his or her work on your estate. You could also make the beneficiary "the estate", in which case the executor would need to provide proof of his or her appointment as executor to the bank in order to access the assets. The assets would be used by the executor to pay expenses and any funds remaining would need to be distributed according to the will.

From the wills and trusts that I've seen and worked on at law firms, there typically is a clause that final expenses of the last illness are to be paid first. I haven't checked our own documents recently, but plan to raise with our attorney the issue of extending that clause to cover not only expenses of any last illness but also of disposing of the house, property and other significant assets (trailer, etc.). This would mean that no distributions are made to heirs until the property is disposed of.

This is important to me because I need to make sure that there are funds for that purpose specifically and that no one gets any bequest until that happens. I want it right there in the documents in black and white so there are no challenges if someone wants his/her share first.

You mentioned 3 categories: final expenses (which should be covered as first expenses if you had an attorney prepare your will or trust), real estate and income taxes. I believe, but would have to check our documents as well as do a little bit of research, that taxes are addressed as well in the clause about payment of final expenses, as it's the responsibility of a trustee or personal representative (formerly known as executor or executrix) to ensure that all taxes are in fact paid before closing the estate.

This definitely is a question and request for an attorney to ensure that the will and/or trust are prepared properly to cover this need. I agree with AK that making assets payable to the Executor could be misconstrued, and even though I assume you trust your Executor, there's no guarantee that the funds will be used for the specific purposes you want.

I think also that this could really complicate administration of the estate.

my sister and I were beneficiaries on my uncle bank CD POD we were also co executers she took complete control and shut me out I did not become aware that the CD's were left to both of us by the time I found out she had cashed them in and took $46,000 cash. What can I do now

Do the POD funds pay out standing debts including funeral cost etc?