If you are a named beneficiary in a loved one’s estate plan, it is important to understand that you have certain rights. As with many rights, you do not have a legal duty to the estate, but you may have the burden to take action to enforce your rights. In fact, your rights may lie dormant until you take action to enforce them. This is especially true if you are dealing with a renegade trustee or a negligent personal representative.
What rights should a beneficiary enforce?
The most critical step is to assert your right to a complete and accurate copy of the estate plan, including all related documents. The terms of the will or trust will guide you in determining whether you are being treated fairly and the estate is being managed properly. A beneficiary has the right to be treated fairly and impartially. A beneficiary also has the right to an accounting of all assets, debt, income and liabilities. To learn more about what a trust accounting should include, please read our blog titled “What is Required in a Trust Accounting?”
A beneficiary also has the right to receive a report of the trustee’s actions. It is common for beneficiaries to be frustrated by how they are being treated by a trustee. In a perfect world, trustees would do the right thing without being asked or forced, but we do not live in a perfect world. Thus, it does no good for beneficiaries to simply complain. You have the burden to take action and enforce your rights. If you are ready to enforce your rights as a beneficiary, contact us for help.
To set your appointment right away, please call us at: (714) 963-7543. You will not get the typical law firm feel from our office. We are different. Our systems are designed to save you time, to save you money, and to put you in control. We want to be your attorneys for life!