The passing of a loved one is always a difficult time for the family. The loss itself is catastrophic, but it can often be compounded by the many different and difficult decisions that need to be made. This is the time when you are least likely to want to think about your rights, but you can be irreversibly affected, during this trying time.
We often talk about the probate process and the duties and responsibilities of the executor and administrator but what if someone else is qualified for this role? What rights and obligations do you have as an heir?
As an heir, you have the right to your share of the estate. The administrator/ executor owes a duty to ensure that the estate process is lawfully executed. However, if you live out of state or are busy with other projects you may not know what is going on in the estate.
As an heir, you are not responsible for any part of the administration. The responsibilities lie solely with the administrator/executor. It is their duty to provide notice to creditors. It is their responsibility to pay any debts. They are responsible for filing the final tax bill and ultimately distributing the funds to the heirs. Though they have these duties and responsibilities, the question remains if they will follow through on their obligations and administer the estate correctly.
This is where an attorney can be a great option for you. At McIntyre Elder Law, we can represent you as a beneficiary. We will monitor the estate file to ensure that the executor/administrator is correctly managing the estate. Should anything be amiss, we can develop the best plan to rectify the problem and ensure that your interests are protected. This can provide you with peace of mind and will allow you to focus on healing after the loss of a loved one.
We would love to talk to you about this or any other estate planning needs that you might have. Please contact us today to schedule your free consultation.
Elder Law Attorney