Understanding Your Right to Information After the Death of a Relative

When a loved one passes away, it’s natural to have questions about your rights regarding their estate. Who gets a copy of the will? How are assets distributed? What if you need legal representation? These are common concerns that can often feel overwhelming. This article explains the rights of an heir or beneficiary after the death of a relative. If you are in this situation, a probate lawyer can guide you through the legal complexities and advocate for your rights.

Who has the Right to See the Will?

A will is a private document until the testator (the person who made the will) passes away. At that point, the personal representative or executor is responsible for filing the will with the probate court.

Here’s what you need to know about accessing a will:

1. Named Beneficiaries: If you are named in the will, you are entitled to receive a copy.
2. Legal Heirs: Even if not explicitly named, heirs under state law may also have rights if the deceased did not leave a valid will (intestate succession).
3. No Public Reading: Contrary to what movies and TV shows portray, there’s rarely a dramatic reading of the will.

If you suspect you’re named in a will but haven’t been notified, a probate lawyer can help you determine your legal rights and ensure transparency.

Responsibilities of the Personal Representative

The executor or personal representative plays a key role in managing the estate. Their responsibilities include:

• Filing the will with the court.
• Identifying and valuing the deceased’s assets.
• Communicating with beneficiaries about estate progress.
• Preparing an accounting of financial transactions, even if the will waives this duty.

If the personal representative fails to fulfill these obligations, beneficiaries have legal recourse, including filing a petition with the probate court.

Can You Choose Which Assets You Receive as an Heir?

It’s important to understand that beneficiaries don’t always have a say in the specific assets they receive, explains The American College of Trust and Estate Counsel in their video, “A Child’s Right to Information When a Parent Dies.”  For example, suppose a will leaves equal shares of an estate to two siblings. In that case, the personal representative may allocate one sibling the house and the other the cash, as long as the distributions are equivalent in value.

Disputes over asset allocation can arise, potentially leading to litigation. Consulting with a probate lawyer can help you navigate disagreements and ensure a fair resolution.

What If You Don’t Want an Inheritance?

It’s possible to decline a bequest or inheritance for various reasons:

• Avoiding Tax Consequences: Disclaiming certain assets may prevent unnecessary tax burdens.
• Simplifying Your Estate: You may prefer the inheritance to pass directly to your children or another heir.
• Avoiding Unwanted Property: Some assets, such as a high-maintenance house, may carry more costs than benefits.

To disclaim an inheritance, you must act within legally defined timeframes to avoid tax implications or other complications. A probate lawyer can help ensure that the process is handled correctly.

Do You Need Legal Representation as an Heir?

While the estate’s lawyer assists the personal representative, they do not represent beneficiaries. Hiring a probate lawyer is essential if you have concerns about asset distribution, the executor’s conduct, or your rights.

An experienced probate attorney can:

• Help you understand your rights as a beneficiary.
• Request information or accounting from the personal representative.
• Represent you in disputes or litigation over the estate.
• Assist in disclaiming unwanted inheritances.

Key Takeaways:

• Accessing the Will: Named beneficiaries and legal heirs are entitled to view the will after it is filed in probate court.
• Executor’s Responsibilities: The personal representative must file the will, manage assets, communicate with beneficiaries and provide an accounting of the estate’s transactions.
• Disclaiming Inheritances: Beneficiaries can decline bequests for tax, financial, or personal reasons. However, they must act within legal timeframes.
• Beneficiaries Need Their Own Lawyer: The estate’s lawyer represents the personal representative, not the beneficiaries. A probate lawyer is essential to protect your rights.

Understanding your rights as a beneficiary or heir after the loss of a loved one can feel overwhelming, but you don't have to navigate the process alone. At The Werner Law Firm, our experienced probate attorneys are here to guide you through every step of probate and estate administration with care and expertise.

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”