A professionally prepared will names an Executor, who will be responsible to ensure the terms are carried out in accordance with the wishes of the testator (the person who wrote the will). Often, the testator will name several beneficiaries of their estate, and the Executor may or may not be a beneficiary. This results in the likelihood that you may find yourself as the beneficiary of a will, but not the named Executor.
The Executor is legally required to notify all beneficiaries named in a will and all "heirs at law" when the testator (now known as the "decedent") has passed away. Heirs at law are those people who would inherit from the decedent through relations, if the decedent had no will. Along with this right to notification, beneficiaries have the right to view a complete copy of the will. If you are concerned that the Executor is not properly carrying out the terms of the will, you have the right to petition the court for removal from their role as Executor and to have a different Executor appointed.
In a perfect world, the Executor acts appropriately and the beneficiaries receive their gifts just as the decedent intended. Unfortunately, this is not always the case.
Our attorneys at Tresp Law, APC have the extensive legal knowledge and experience to represent and defend the rights of beneficiaries. If you believe an Executor is acting inappropriately or even refusing to act, we can assist with protecting your interest in the estate. Contact us today to meet with one of our exceptional attorneys.
