Your rights in probate depend on several factors. When determining a beneficiary’s rights in an estate, we evaluate the following:
- We review the will to determine whether the prospective client has direct rights as a beneficiary of a specific gift or residue, or if the client is a contingent beneficiary.
- Due diligence is exercised when reviewing the inventory of an estate for discrepancies between the inventory and the accounting.
- Timing of the distributions from an estate tie into the rights of an heir or beneficiary in the probate estate. A late accounting and a late distribution are sometimes signs of trouble in an estate.
- You have a right to an accounting unless the will provides otherwise, and if the court determines that either you were paid in full, or that you do not have the required standing to request one.
- If an executor or administrator requests that you waive your accounting right, you should talk to an attorney to determine if that is in your best interest. Don’t sign any document before talking with an attorney, and retaining one to review the documents.
- You do have a reasonable right to information in probate. You can request special notice in a probate estate to get information about all court filings.
Mina Sirkin advises clients about their rights in probate in Los Angeles California. Call 818.340.4479 for appointments.