A survivor is an individual who continues to live after another person has died. In legal contexts, the term can also refer to a trustee who takes over the responsibilities of a trust when a co-trustee has been removed, is unable to act, or has passed away. This definition is particularly relevant in various legal areas, including estate planning and veterans' benefits.
The term "survivor" is commonly used in legal practice in areas such as:
Users can often manage related forms and procedures themselves using legal templates provided by services like US Legal Forms.
Here are a couple of examples of abatement:
Example 1: A widow is considered the survivor of her deceased husband and may be entitled to survivor benefits from his pension plan.
Example 2: A co-trustee of a family trust passes away, and the remaining trustee becomes the survivor, responsible for managing the trust's assets. (hypothetical example)
According to Cal Mil & Vet Code § 699.5, a "survivor" includes relatives of a deceased veteran entitled to claim benefits based on the veteran's military service. Other states may have similar laws regarding survivor benefits, particularly in the context of veterans and trusts.
| State | Definition of Survivor |
|---|---|
| California | Includes relatives of deceased veterans for benefits claims. |
| New York | Survivor benefits are extended to spouses and dependent children under certain conditions. |
| Texas | Survivors may include any person legally recognized as a beneficiary in a will or trust. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Beneficiary | A person who is entitled to receive benefits from a will, trust, or insurance policy. |
| Trustee | A person or entity that manages a trust on behalf of the beneficiaries. |
| Heir | A person legally entitled to inherit property from a deceased individual under intestate succession laws. |
If you believe you are a survivor eligible for benefits or responsibilities, consider the following steps:
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