You just found out that your favorite aunt, Aunt Melba, has died. In the midst of your grief and sadness, you receive a notice from the attorney handling Aunt Melba’s affairs stating that you are a beneficiary. Your best friend advises you to get an attorney. What should you do? Will Aunt Melba’s attorney help you? After all, Aunt Melba’s attorney has been helping your family for years. Since this attorney knows Melba and the family affairs, shouldn’t her attorney be able to help you as well?<\/p>\n
That answer depends on the circumstances. First, you need to know who the attorney represents and how that affects you. If Aunt Melba had a will<\/a>, then the attorney will be representing the executor (or personal representative) named in the will<\/a> through a process called administration<\/a>. The process of administering a will<\/a> is also known as a probate process<\/a> because administering the terms of a will<\/a> usually involves court supervision. The executor is in charge of paying Aunt Melba\u2019s debts and expenses, notifying beneficiaries, selling her property, and transferring her property to her beneficiaries. Generally, the executor must provide official notice to beneficiaries under the will<\/a> along with a copy of Aunt Melba\u2019s will<\/a> and an inventory (a list) of money and property that she owned.<\/p>\n On the other hand, if Aunt Melba had a revocable living trust<\/a> that held all of her property, life savings, and personal belongings, the chances are good that the attorney is representing the trustee of Aunt Melba’s trust<\/a>. A trustee’s role is to manage the trust\u2019s<\/a> accounts and property, pay any bills or expenses, and distribute the money and property to the beneficiaries according to the trust\u2019s<\/a> instructions. A trustee is not formally supervised by the court and can sell the property and pay debts without approval or notice to beneficiaries. If you are a beneficiary of the trust<\/a>, the trustee may not be required to provide you an inventory or list of assets in the trust<\/a>, though the trustee must provide you with some information, such as an accounting of the trust\u2019s money.<\/p>\n So, when should<\/em> you consider hiring an attorney to represent you?<\/p>\n If you are a close family member of someone who died, you should contact an attorney to represent your interests or determine if you have any interests. Without a trust<\/a> or will,<\/a> someone must initiate the process on behalf of the loved one’s estate to determine the heirs. The person initiating the process may request, through an attorney, appointment by the court as administrator of the loved one’s estate. If such a process has not been initiated, you could consider initiating the process yourself through your attorney, or you may simply want to have your attorney help you understand your rights and serve as your voice during the process.<\/p>\n Similarly, if the executor or trustee was acting erratically or in a manner that was not in the best interests of the estate or trust beneficiaries, your attorney could represent you in requesting a detailed list of actions that the executor or trustee has taken. If your concerns are not resolved, your attorney could file an action on your behalf asking the court to require the executor or trustee to explain any questionable actions. In either case, if the court decides the person is not fit to serve, your attorney could request that you, or someone else, be appointed to serve as successor executor or trustee.<\/p>\n Being named as a beneficiary under a will<\/a> or trust does not mean you have to hire an attorney to represent you. However, there are several instances when seeking the professional advice of a probate attorney such as Davis Schilken, PC,<\/a> can help you understand and assert or protect your rights as a beneficiary. The important thing is to get involved, ask questions, and understand the legal process. Most states and local governments have online resources where you can learn more about your state\u2019s wills<\/a> and trusts<\/a> laws. Davis Schilken, PC<\/a> has a team of legal professionals ready to assist you if you need professional advice or help knowing where to begin once you learn that you are a beneficiary. Give our office a call to schedule an in person or virtual meeting (303)670-9855<\/a>.<\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" You just found out that your favorite aunt, Aunt Melba, has died. In the midst of your grief and sadness, you receive a notice from the attorney handling Aunt Melba’s […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"yoast_head":"\n\n
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