Know Your Rights as an Heir: What to Do After a Loved One Passes

The loss of a loved one often brings not only emotional challenges but also complex legal questions. What are your rights as an heir or beneficiary? How do you access the will? What if disputes arise? This article explains the key rights and responsibilities that come into play after the death of a relative.

Accessing the Will

After a person’s death, their will becomes a key document in managing their estate. Here’s how access works:

• Beneficiaries Named in the Will: If you’re named in the will, you have the right to receive a copy once it is filed in probate court.
• Legal Heirs: If no valid will exists, heirs under state law may have rights based on intestate succession.
• No Public Reading: Unlike what’s portrayed in movies, wills are typically not “read aloud.”

If you suspect you’re a beneficiary but haven’t been notified, a probate attorney can assist in ensuring your rights are protected.

The Role of the Executor

The executor or personal representative manages the estate and must:

1. File the will with the probate court.
2. Identify, secure, and value the estate’s assets.
3. Communicate regularly with beneficiaries about the estate’s progress.
4. Provide a financial accounting unless the will explicitly waives this duty.

If the executor neglects these duties, beneficiaries can petition the court to address concerns.

Understanding Asset Distribution

Beneficiaries don’t always get to choose specific assets they inherit. For example, an executor may allocate a house to one sibling and equivalent cash value to another if the will divides the estate equally.

If disputes arise, a probate lawyer can mediate or represent your interests in court.

Declining an Inheritance

There are valid reasons to decline a bequest, such as:

• Tax Concerns: Disclaiming assets to avoid tax burdens.
• Estate Simplification: Letting assets pass directly to other heirs.
• Avoiding Undesirable Property: Rejecting assets like a high-maintenance property.

A probate attorney can guide you through disclaiming an inheritance to ensure it’s done correctly and within legal timeframes.

Do Beneficiaries Need Their Own Lawyer?

Yes, beneficiaries may need separate legal representation. The estate’s lawyer represents the executor, not the heirs or beneficiaries.

Hiring a probate attorney ensures you:

• Fully understand your rights.
• Receive accurate information or financial accountings.
• Have representation during disputes or litigation.
• Properly disclaim unwanted inheritances.

Key Takeaways:

1. Accessing the Will: Beneficiaries and heirs have the right to see the will after it is filed in probate court.
2. Executor’s Duties: The personal representative must file the will, manage assets, and communicate with beneficiaries.
3. Declining Inheritances: Beneficiaries can decline assets for personal, financial, or tax-related reasons but must act within specific legal timeframes.
4. Beneficiaries’ Rights: Hiring a probate attorney ensures your rights are upheld, particularly in disputes.

Navigating probate and estate administration can feel overwhelming, but you don’t have to go through it alone. At The Werner Law Firm, our experienced probate attorneys are here to provide clarity and support at every step.

If you have any questions, schedule a free appointment with us through our online appointment page.

You can also read reviews from some of the hundreds of clients we have helped over the years.

Reference: The American College of Trust and Estate Counsel (ACTEC) (Jan 23, 2020) “A Child’s Right to Information When a Parent Dies”