Finding out that your favorite aunt has passed away is a challenging and emotional experience. Amidst your grief, you receive a notice from the attorney handling her estate, stating that you are a beneficiary. Your best friend advises you to get an attorney, but you might wonder: Is this really necessary? Will your aunt’s attorney help you, given their long-standing relationship with your family?
The answer depends on several factors, including who the attorney represents and how that affects you. Let’s break it down and explore when you might need your own legal representation.
Understanding Who the Attorney Represents
If your aunt had a will, her attorney represents the executor (or personal representative) named in the will through a process called probate. The executor is responsible for paying debts and expenses, notifying beneficiaries, selling property, and distributing assets. Beneficiaries generally receive official notice, a copy of the will, and an inventory of the assets.
If your aunt had a revocable living trust, the attorney likely represents the trustee. The trustee manages the trust’s accounts, pays bills, and distributes assets according to the trust’s instructions, usually without court supervision. As a beneficiary, you might not receive a detailed inventory, but the trustee must provide some financial information.
Now, let’s discuss scenarios where you might need to hire an attorney.
When to Consider Hiring an Attorney
- Questioning the Validity of the Will or Trust: If there is any doubt about the validity of the will or trust—perhaps due to concerns about your aunt’s mental capacity at the time it was created or suspicions of undue influence—you should consider hiring an attorney. They can help you challenge the document’s legality in court.
- Absence of Estate Planning Documents: If your loved one didn’t leave a will or trust, the court will need to determine who inherits the estate through a process known as determination of heirship. This can be complicated, especially in states with specific property laws, and an attorney can guide you through this process to ensure your interests are protected.
- Concerns About the Executor’s or Trustee’s Actions: If you have concerns about the executor or trustee’s ability to fulfill their duties—due to deteriorating mental capacity, erratic behavior, or actions not in the best interest of the beneficiaries—an attorney can represent you. They can request a detailed list of the executor’s or trustee’s actions, and if necessary, file a court action to replace them.
- Failure to Communicate: Executors and trustees are required to keep beneficiaries informed about the status of the estate or trust. If you are not receiving adequate communication, an attorney can step in to request information or an informal accounting on your behalf. If needed, they can also file for a formal accounting in court.
- Understanding Your Gifts Under the Will or Trust: If you are unsure about what you are entitled to receive or need help understanding the terms of the will or trust, an attorney can explain these details and how state laws apply to your inheritance. This is particularly important if gifts are divided among multiple beneficiaries.
- Decoding a Complex Estate or Trust: Some estates and trusts are more complex than others, requiring beneficiaries to receive and acknowledge various legal documents. An attorney can help you interpret these documents, ensuring you understand your rights and responsibilities before making any decisions, such as signing waivers.
Being named a beneficiary doesn’t always mean you need an attorney, but seeking professional advice can be crucial in understanding and protecting your rights.
How We Can Help
At Cheever Law APC, we go beyond drafting documents. We are committed to helping you make informed and empowered decisions about life and death for yourself and your loved ones, starting with our Life & Legacy Planning Session. This session helps you get financially organized and make the best choices for those you care about.
If you already have an estate plan, we will review it during your Life & Legacy Planning Session to ensure it meets your current needs and addresses any changes in your circumstances.
To learn more about our unique systems and services, contact us or schedule a no-obligation 15-minute introductory phone call today. Let us help you navigate this journey with confidence and peace of mind.