what to do if you are a beneficiary of an estate and the lawyer will not speak to you

Where the executor is not communicating with the beneficiaries, an estate lawyer starts by reviewing the last will and testament of the decedent. Upon examination, they will let you know exactly what your rights are depending on your status (a wife of a decedent may have different rights compared to a neighbor).

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Can an estate attorney answer a beneficiary question?

– The attorney will go to state probate court with the Executor(s) – the person or persons identified in the Will with responsibility for “settling” the estate. If there is no Will, or no Executor was named in the Will, the court will name an Executor.

Is it okay for an executor's attorney to reveal beneficiary information?

Feb 17, 2021 · A trustee, however, is typically free to act without court supervision, and some trusts allow the trustee to act with minimal communication to the beneficiaries. If you are a beneficiary and are not receiving communication from the named executor or trustee, your attorney can communicate on your behalf with that executor or trustee and explain your …

How can a beneficiary lawyer help you?

Jul 21, 2020 · Understandably, this terminology can be hard to parse. It is always best to speak with a New York estate lawyer about your status and potential options. I am a New York estate, guardianship, wills, trust, Medicaid and probate lawyer with over a decade of experience. If you would like to speak to me, you can reach me at (212) 233-1233. SCPA 103(14).

When to hire an estate and trust lawyer for beneficiaries?

Apr 23, 2014 · If your loved one named you as a beneficiary of a trust or estate, it means he or she thought about your future and your well-being during the estate planning process. Beneficiaries do have rights, but they also bear the burden of holding the executor accountable when questions arise. If you are the beneficiary of an estate or trust and have questions …

What to do if someone dies without a will?

Without a trust or will, 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, ...

What is a valid will?

Generally, to have a valid will, a person must have had the ability to understand that the person was intentionally creating a will or trust. In other words, the person wanted to write a will and leave instructions for how the person’s money and property should be given when he or she dies.

What to do before signing a waiver?

Before signing a waiver, you should talk to an attorney before you give up your rights. Also, executors and trustees may provide very complicated accountings or inventories of the estate or trust to the beneficiaries. The more complex the estate, the more complicated these accountings or inventories can become.

What does it mean when someone names you as a beneficiary?

If your loved one named you as a beneficiary of a trust or estate, it means he or she thought about your future and your well-being during the estate planning process. Beneficiaries do have rights, but they also bear the burden of holding the executor accountable when questions arise.

What is the job of executor?

The executor's job is to manage and protect the property until it is ultimately distributed to you. A person who thinks otherwise should not have accepted the role of executor in the first place. This means you are entitled to any and all information related to property left to you, even if it is a portion of joint property, ...

James P. Frederick

I agree with you that this is not very professional conduct. One potential reason for this is that the attorney represents the executor and NOT the beneficiaries. So the attorney needs to be careful not to reveal any confidential information.

Joseph Franklin Pippen Jr

I agree with the previous answers. Estates often have multiple beneficiaries and the attorney has ethical problems if he tries to represent all of them.#N#You should send your questions in writing instead of making phone calls-the attorney should reply with an answer or advising you he cannot answer because of conflict.

Paula Brown Sinclair

First of all, the estate attorney does not represent the beneficiary, and has no ethical obligation to respond directly to him. Estate attorneys or their staff sometimes do so as a matter to courtesy for simple or brief questions, or when instructed to do so by the executor, who is the real client.

What is a beneficiary lawyer?

A beneficiary lawyer can assist estate beneficiaries with obtaining the information they need from executors if the executor is failing to cooperate.

What can a probate lawyer do?

An experienced probate lawyer can help beneficiaries bring a claim to try to compel an executor who is withholding information or documents to provide the information or documents requested. If problems with the executor are beyond fixing, a probate lawyer can also assist beneficiaries with petitioning the court to try to have ...

Why is it frustrating to have an executor withholding information?

It can be frustrating for beneficiaries when the executor is withholding information. An executor failing to operate transparently not only raises suspicion of misconduct, but it can render beneficiaries powerless to enforce their rights. Luckily, there are steps that can be taken to remedy the problem of an executor not communicating ...

What is the role of executor in a court case?

Executors generally serve as a beneficiary’s only conduit of information. As a result, executors have a responsibility to keep beneficiaries reasonably informed about the estate and administration. If an executor is not communicating with beneficiaries, beneficiaries have a right to petition the court to try to compel the executor ...

What is estate inventory?

An inventory of estate assets and their value at the time of the decedent’s death. Assets that have entered or left the estate during administration. Any change in value of estate assets. Liabilities and taxes paid from the estate.

Can a beneficiary get a copy of a will?

Beneficiaries are entitled to a copy of the will. If the executor fails to provide a copy, beneficiaries can obtain a copy from the appropriate probate court, since a decedent’s will must be lodged with the court by the executor. If the executor never lodged the will, the beneficiary may have to contact the executor directly to demand a copy.

What happens if your brother steals your property?

If your brother stole property as opposed to money, the beneficiary’s estate lawyer can bring a proceeding for turnover of the property. Bonding. Sometimes there is a bond on a brother who is an executor. A bond is a kind of insurance against executor theft.

What happens when siblings are separated?

When siblings have a strained relationship or when they were geographically separated for a long time, they will sometimes deny the other siblings their share of the inheritance.

What is the law in New York?

New York’s Penal Law (the Criminal Law) states that “A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.”.

Nicole Lee Ciufi

Hello there,#N#It is first important to know that since an estate attorney does not represent the beneficiary, s/he lacks any ethical obligation to respond to phone calls or other inquiries.

Peter John Fiorella III

Yes, you can definitely call and talk to the attorney of record for the estate or a paralegal for information regarding the sale of the real property (or the status of any other assets) because as a residuary beneficiary, you are entitled to it.#N#If you cannot get an answer and the executor was appointed by the court for more...

Cynthia Marie Hatchett

Nothing prevents you from contacting the lawyer's office. They may be limited in their response depending on the attorney/client relationship held with their client. It may be that they are still working through probate and did not recognize your expectations to communicate. Inform them IN WRITING of your expectations.