A beneficiary, in a legal term, means the person who is the lawful inheritor or recipient of the deceased’s estate. The decedent mentions the beneficiary’s name in his/her will to overtake his/her properties, life insurance policy, retirement fund, trust, and so on that he/she leaves behind. However, from an emotional point of view, as a beneficiary, you are the most loved person of the person who has decided to give you everything through a will. If you want to respect decedent’s last wishes, you should attempt to make the probate process successful. It would be good to reach out to an NYC probate attorney near you to know how you can access the probate document and fulfill your duties as a beneficiary.
An NYC Probate Attorney: Accessing The Beneficiary’s Probate Documents
If you cannot understand the legal jargon, you would not be aware of the probate process either. Furthermore, you may not know how to access probate documents even if you are the beneficiary of the will. In such a circumstance, it would be best to equip yourself with an NYC probate attorney. He/she will help you access the probate document and explain why you need to go through the will. The assistance of a probate lawyer will ensure that you are aligned with the probate proceedings. Furthermore, it would be best to have substantial knowledge of the beneficiary’s rights and duties.
Why Do You Need To Access The Probate Documents?
You may ask yourself why I need to know what is in the will. As a beneficiary, you have the authority to find out about your dear one’s last testament. Nonetheless, you also have to ensure that the administrator executes the functions in accordance with the law. Without going through the probate document, you may not prove to be a catalyst in the probate process. It is crucial for the beneficiary to stay aware of the probate document. Some of the probate documents are –
- Will or testament
- Death certificate of the testator
- Affidavit of Heirship
- Letter of Testamentary
- Petition for probate
- Petition for ancillary probate
- Petition of letters of administration
- Inventory of estate’s assets
- Successor letters testamentary
- Petition for Surrogate Court (if needed)
- Petition for successor executor (if needed)
How Do You Access The Probate Documents – An NYC Probate Attorney?
The fundamental right of a beneficiary quotes the executor’s duty to hand over a copy of the will following the death. The executor discretely divulges the information in the will and trust to avoid unnecessary mayhem. Thus, he/she notifies only the listed beneficiaries and creditors rather than make the will a public document. At times, the executor may try to conceal certain information even from the beneficiaries. In this process, he/she may misuse his authority and not notify the real beneficiaries. Thus, it is the beneficiary’s legal obligation to know how to obtain probate documents. Some are mentioned below.
Rights of Beneficiary’s Information
You can ask an NYC probate attorney to intervene if the probate case is not transparent, and you suspect the executor of hiding information. Under the Right to Beneficiary information, the lawyer can demand a copy of the will or trust for the beneficiary to see. Likewise, the beneficiary has the right to view the copy of the trust. However, if the trustee does not reveal relevant information to the beneficiary, the NYC probate attorney can step in.
Right Of Entitlement
It is no surprise if the probate process takes more than a year. However, a complicated estate or estate in multiple states can take longer. The executor has to keep the beneficiaries posted about the court administration and progress.
Accountability
The executor hires an appraiser to evaluate the cost of the estate. The beneficiary has the right to know the comprehensive value of the estate. Though the executor is only the caretaker of the estate, he requires the beneficiary’s approval to execute payment to creditors.
Unbiased Execution
You also have the right to know the names of other beneficiaries in case there are more than one. The executor should be impartial in his approach during the entire probate process. Furthermore, the legal administrator’s task is to prevent any dispute arising amongst the beneficiaries. If you apprehend the executor’s preferential approach, you (as a beneficiary), have the right to report the same to the NYC probate attorney. The attorney will look into the matter and plead for the replacement of the executor.
Bottom Line
As a beneficiary, you have plenty of tedious tasks to perform. Having an NYC probate attorney beside you to handle tricky situations of probate can give you a sense of relief.
