what duties does estate lawyer owe beneficiaries

by Devyn Mayer 4 min read

What responsibilities do executors owe beneficiaries?

  • Prompt distribution. You owe it to beneficiaries to distribute estate assets promptly. The definition of “promptly”...
  • Beneficiary notification. As soon as possible, let beneficiaries know about their status in their loved one’s estate.
  • Right to information. Beneficiaries also have a right to access details about...

Estate attorneys are obligated to keep the estate assets safe. Additionally, in most cases, an estate lawyer has to divulge any conflict of interest that adversely affects the beneficiary, particularly if the attorney will receive any gifts or remunerations under the decedent's instrument.

Full Answer

What does an estate lawyer do?

An estate lawyer is a bar certified attorney who specializes in estate planning and assists clients in drafting and implementing legal documents, including wills and trusts. Estate law is closely related to family law, since lawyers often must work with related individuals who are involved with an estate.

What are an executor's duties to beneficiaries of a will?

The executor of a will has a fiduciary duty to act in the best interest of the estate. This means that the law prevents you from acting in your own interest to the detriment of the estate. As an extension of this duty, executors also have several responsibilities to the beneficiaries of the will.

How to avoid issues with the beneficiaries of an estate?

The best way to avoid issues with the beneficiaries of an estate is to communicate clearly and frequently throughout the process. If beneficiaries feel like they have a good idea of how you’re handling the estate, there is much less of a chance for concern or frustration. Tips for Planning Your Estate

What skills do you need to become an estate lawyer?

Estate lawyers gain much of their specific estate planning knowledge through on-the-job experience, mentorships and continuing education. Along with having advanced knowledge of the legal system, you should be well versed in the Uniform Probate Code, which imposes rules and limits on wills and trusts.

What are the 5 fiduciary duties?

Specifically, fiduciary duties may include the duties of care, confidentiality, loyalty, obedience, and accounting.

What are the 3 fiduciary duties?

Three Key Fiduciary DutiesDuty of Care. Duty of care describes the level of competence and business judgment expected of a board member. ... Duty of Loyalty. Duty of loyalty revolves primarily around board members' financial self-interest and the potential conflict this can create. ... Duty of Obedience.

What happens when fiduciary duties are not fulfilled?

If a fiduciary fails to comply with these responsibilities, they may have breached their fiduciary duty. In the case of an executor or trustee, a breach of fiduciary duty may result in their suspension, removal and/or a surcharge – a court order requiring them to pay money damages for the harm caused by the breach.

What are some examples of fiduciary duty?

Some examples of fiduciary duties include duties of undivided loyalty, due diligence and reasonable care, full disclosure of any conflicts of interest, and confidentiality. While a fiduciary duty may be violated accidentally, it is still a breach of ethics.

What are the 6 fiduciary duties?

All agents are held to a standard of care, including six fiduciary duties: Loyalty, Confidentiality, Disclosure, Obedience, Accounting and Reasonable Care & Diligence.

Who owes a fiduciary duty?

These relationships are called fiduciary relationships. They include solicitor/client, physician/patient, priest/parishioner, parent/child, partner/partner, director/corporation and principal/agent relationships. Fiduciary relationships involve trust and confidence.

What are three examples of breaches of fiduciary duty?

Breach of Fiduciary Duty ExamplesSharing an employer's trade secrets;Failing to follow the employer's directions;Improperly using or failing to account for employer funds;Acting on behalf of a competitor;Failing to exercise care in carrying out duties; and.Profiting at the employer's expense.

What constitutes breach of fiduciary duty?

A breach of fiduciary duty occurs when a principal fails to act responsibly in the best interests of a client. The consequences of a breach of fiduciary duty are multiple. They can range from reputation damage to loss of a license and monetary penalties.

What are the remedies for breach of fiduciary duty?

Breach of fiduciary duty offers a wonderful panoply of remedies: legal remedies, equitable remedies, a right to an accounting, an award of money damages, disgorgement of self-dealt profits, and finally, if pled derivatively, the potential to recover attorneys' fees.

How is a fiduciary held accountable?

Personal Liability In some cases, a fiduciary can be held personally liable if they violate their duty. For example, if a guardian breaches his or her fiduciary duty owed, he or she can be held personally liable for the resulting damages.

How do you prove someone is a fiduciary?

The definition of a fiduciary is an individual who has a legal obligation to act in the best interest of another person. As such, a fiduciary will disclose any conflicts of interest that arise and resolve them in the client's favor as well as avoid using the client's assets in any way for their own benefit.

What are fiduciary rules?

What is the fiduciary rule? The fiduciary rule is a regulation underpinning fiduciary duty, or the legal requirement for financial advisors to work in their customers' best interest.

What does an estate lawyer do?

Estate lawyers help outline the distribution of property and management of assets after a person's death. Read on to learn more about what estate lawyers do and how you can enter this profession.

How do estate lawyers gain knowledge?

Estate lawyers gain much of their specific estate planning knowledge through on-the-job experience, mentorships and continuing education. Along with having advanced knowledge of the legal system, you should be well versed in the Uniform Probate Code, which imposes rules and limits on wills and trusts.

How much do estate planning attorneys make in 2021?

As of March 2021, Payscale.com reported that estate planning attorneys made a median annual wage of $78,000. According to the BLS, the job outlook for all lawyers will increase 4% for the years 2019 to 2029.

What are the key skills of a law firm?

Key Skills. Analytical, interpersonal skills, good at problem-solving, research, speaking and writing. Work Environment. Private or corporate offices, may attend meetings at hospitals, prisons or the homes of clients. Similar Occupations.

Prompt distribution

You owe it to beneficiaries to distribute estate assets promptly. The definition of “promptly” varies across state lines, with some implementing a year deadline while others do not have a written time limit. This does not mean you must rush to distribute assets, just that you should not waste time.

Beneficiary notification

As soon as possible, let beneficiaries know about their status in their loved one’s estate. Informing them of their status lets them contest the will if they take issue with its contents. While notification methods vary from state to state, a good bet is to send beneficiaries a document.

Right to information

Beneficiaries also have a right to access details about probate court and the estate. If asked, you must share the estate’s contents and debts and how you plan to clear those debts. Rather than provide in-depth financial statements, you satisfy this obligation by keeping beneficiaries in the loop regarding your activities.

Proper distribution

You need not distribute assets as soon as you send out beneficiary notifications. It may take several months before beneficiaries receive anything from the estate, and you may need to prioritize clearing debts before distributing assets.

What is estate planning attorney?

Estate planning attorneys, also referred to as estate law attorneys or probate attorneys, are experienced and licensed law professionals with a thorough understanding of the state and federal laws that affect how your estate will be inventoried, valued, dispersed, and taxed after your death.

Why do you need to set up a trust?

Setting up any trusts you might need to protect your assets, both for your own benefit during your lifetime in the event of incapacity, and for the benefit of your beneficiaries after your death

Does Protective Life offer tax advice?

Neither Protective Life nor its representatives offer legal or tax advice. We encourage you to consult with your financial adviser and legal or tax adviser regarding your individual situations before making investment, social security, retirement planning, and tax-related decisions. For information about Protective Life and its products and services, visit www.protective.com .

Can an estate planning attorney help with probate?

In fact, a good estate planning attorney may be able to help you avoid probate court altogether, but that largely depends on the type of assets in the deceased's estate and how they are legally allowed to be transferred.

What happens when a beneficiary calls a lawyer?

When a beneficiary calls and a lawyer chooses to engage in a conversation, the lawyer must walk a careful line between providing general information about the estate (which is okay) and providing legal advice to a beneficiary (which is not okay). Another consideration at play is the attorneys’ fees.

What is the first step for an estate lawyer in a probate case?

Although it seems elemental, the first step for any lawyer in any case is to identify the client. In a probate matter, the estate’s attorney generally represents the Personal Representative, in his or her fiduciary capacity. What does that really mean?

What to do if you are confused about a beneficiary?

So what’s a poor confused beneficiary to do? If you are an estate beneficiary, and you are confused by what’s going on or suspect foul play, the best thing you can do is to hire your own attorney. Your attorney can explain the probate process to you, obtain information from the estate’s attorney in an efficient way and, if necessary, file reasonable and legally sound pleadings on your behalf. Ultimately, this approach will not only make the estate lawyer’s job easier – it may also save the beneficiaries a considerable sum of money at the end of the day.

Can a beneficiary get counsel?

No one, unless a beneficiary decides to obtain counsel. Unfortunately, some beneficiaries think the estate’s lawyer represents them too. For free. As a result, they call the lawyer’s office. And call. And call again.

Do beneficiaries receive less money?

So that beneficiary, and any other beneficiaries who will receive percentage distributions, will ultimately receive less money. Since, again, the lawyer represents a fiduciary and must seek to act in the estate’s best interest, often it is in the estate’s best interest if the lawyer does not communicate excessively with the beneficiaries.

Is lawyer time considered estate administration?

A lawyer’s time is considered an expense involving estate administration. In Washington, these expenses are prioritized ahead of any estate distributions to the beneficiaries.

Can one beneficiary unfairly reduce the other beneficiaries' distributions?

Otherwise, one problematic beneficiary can unfairly reduce the other beneficiaries’ distributions. Also, unfortunately, some beneficiaries who suspect that they are being shafted by the estate choose to take matters into their own hands.

What is the responsibility of an executor of a will?

An executor’s biggest responsibility to beneficiaries is to notify them that they are, in fact, beneficiaries. Beneficiaries have the right to know they’ve been included in a will early on in the probate process. That way, they have a chance to contest anything they have an issue with.

What is the right of a beneficiary to know about the estate?

In addition to formal notification, the beneficiary also has a right to information about the estateand the probate process. This includes what assets are in the estate, how much debtthe estate has and how the executor plans to pay that debt.

Why do courts give rights to beneficiaries?

The court gives these rights to protect beneficiaries and to ensure executors are able to do their jobs effectively. The best way to avoid issues with the beneficiaries of an estate is to communicate clearly and frequently throughout the process.

What is the duty of executor of a will?

The executorof a will has a fiduciary dutyto act in the best interest of the estate. This means that the law prevents you from acting in your own interest to the detriment of the estate. As an extension of this duty, executors also have several responsibilities to the beneficiaries of the will.

What is a living trust?

A living trustis an estate planning tool that can eliminate the paperwork and headache of the probate process. By placing your assets in your living trust, your successor trusteecan supervise the transfer to your beneficiaries.

Who is tasked with ensuring beneficiaries receive their bequests?

Executors are tasked with ensuring beneficiaries receive their bequests, but is that their only responsibility to beneficiaries?

Do executors have to include beneficiaries?

Executors are also under no obligation to include beneficiaries in the decision-making process. While it’s a good idea to keep beneficiaries up to date on the process, executors have authority from the court to make decisions about how to manage the estate.

Who must keep beneficiaries informed of the beneficiary's status and the terms of the will or trust?

Executors and Trustees must keep beneficiaries informed of the beneficiary’s status and the terms of the Will or Trust. As mentioned, the duty of an Executor to communicate is overseen by the Court. A Trustee, however, is free to act without Court supervision and some Trusts allow the Trustee to act with minimal communication to the beneficiaries.

Why do you need to hire a lawyer to represent you?

Because most of us do not know what to do when you are a beneficiary of an estate, you may consider hiring counsel to represent you is if you are concerned about the ability or capacity of the Executor or Trustee to carry out their duties.

What to do if you have a question about a will?

If you have a question as to what you should be receiving or what your share should be made up of under the Will or Trust, you may want to hire an attorney to explain the terms of the Will or Trust to you. In addition, that attorney can explain the laws in the state and the characteristics of the different types of property ...

What is the requirement to have a valid will?

Generally, in order to have a valid Will, a person must have had the ability to understand that she was intentionally creating a Will or Trust. In other words, she wanted to write a Will and leave instructions on how her money and property should be given when she dies.

What is the process of determining heirs?

Generally speaking, the law of the state where your loved one resided or died will determine who should inherit and what the pro-rata inheritance is for each heir. Without a Trust or Will, someone must initiate the process on behalf of the loved one’s Estate to determine the heirs.

What happens if you don't have a will?

If there is no estate planning document (s). If you believe you are a beneficiary or heir to someone who has died, but your loved one did not have a Will, Trust, or any writing designating beneficiaries, then the Court may need to be involved to determine who should inherit from your loved one. This process is often known as a Determination ...

Can an executor sign a waiver of a will?

Sometimes, an Executor must obtain signed waivers from all named beneficiaries under a Will or beneficiaries at law (if the Will is not considered valid) in order to proceed with the probate (administration) of a Will. Before signing a waiver, you should talk to an attorney before you give up your rights. Simply being named as a beneficiary ...