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 Last Will and Testament ("Will") is a private document until the testator (the person who made the Will) passes away. At that point, the nominated 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. A copy will be provided to you by the nominated Executor once they start the process of probating the Will.
2. Legal Heirs: Even if not explicitly named in the Will, heirs under New York 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 Executor

The Executor (or sometimes called 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 Executor fails to fulfill these obligations, beneficiaries have legal recourse, including filing a petition with the probate court to have the Executor account to them, be removed as Executor or possibly even sanctioned.

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 there is nothing the beneficiaries can do.

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 (the legal term for rejecting an inheritance) certain assets may prevent unnecessary tax burdens. Such as if your assets would already cause you to have a taxable estate for estate tax purposes, additional assets would cause additional estate tax when you pass away. If someone else inherited those assets instead, that estate tax might be avoided upon their death.
• 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 Executor.
• Represent you in disputes or litigation over the estate.
• Assist in disclaiming unwanted inheritances.

Why Work with a Probate Lawyer?

Losing a loved one is already a challenging time. Adding legal questions about the estate can make the process even more stressful. A probate lawyer simplifies the complexities, advocating for your interests and ensuring that the estate is administered by the law.

If you’re facing challenges in understanding your rights, interpreting a will, or managing disputes, consult with a probate lawyer, who can guide you through the process and protect your rights and inheritance.

Key Takeaways:

• Accessing the Will: In New York named beneficiaries and legal heirs are entitled to a copy of the Will.
• Executor’s Responsibilities: The Executor 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 Executor, not the beneficiaries. A probate lawyer is essential to protect your rights.

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