My Loved One Has Died: As an Heir or Beneficiary, Do I Need an Attorney? Part 1.

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?

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, then the attorney will be representing the executor (or personal representative) named in the will through a process called administration. The process of administering a will is also known as a probate process because administering the terms of a will usually involves court supervision. The executor is in charge of paying Aunt Melba’s 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 along with a copy of Aunt Melba’s will and an inventory (a list) of money and property that she owned.

On the other hand, if Aunt Melba had a revocable living trust 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 trustee's role is to manage the trust’s accounts and property, pay any bills or expenses, and distribute the money and property to the beneficiaries according to the trust’s 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, the trustee may not be required to provide you an inventory or list of assets in the trust, though the trustee must provide you with some information, such as an accounting of the trust’s money.

So, when should you consider hiring an attorney to represent you?  This is part 1 of the 5 reasons.

1. If you question the validity of the will or trust. If there is a question about whether your loved one's will or trust was done correctly, you should consider getting an attorney to represent you in challenging the legality of the will or trust. 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. Also, the person must have signed the will or trust without being influenced or under pressure from another person. If you are worried that Aunt Melba suffered from a medical condition that prevented her from being able to understand her will, or if you suspect her nurse or boyfriend influenced her into signing a will she did not want, you may consider hiring an attorney to file an action in court to contest the validity of her will or trust.

Being named as a beneficiary under a will 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 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’s wills and trusts laws. We also have 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.

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