Despite what is shown in the media, when somebody dies, there is no dramatic conference at the lawyer’s office where the will is read to all of the family members. In fact, usually what happens is that the personal representative will simply file a copy of the will with the court and send that copy to all of the beneficiaries listed in the will. While there still may be drama relating to the probate of the estate, beneficiaries finding out about their inheritance is not like it is in the movies.
Anyone who is left anything in a will is entitled to a copy of the will and all documents relating to the probate of the estate. This includes any beneficiaries who are left a nominal amount, such a $1. (This is often seen when the testator wants to make a point of some kind.)
In instances where the personal representative is doing his or her job, this should not become an issue. The will will be sent, along with other paperwork when it is filed with the court, giving any beneficiaries a chance to file any challenges. In some cases, however, the personal representative may just not act at all, meaning that a beneficiary would need to enlist the help of a Miami estate attorney to force the personal representative’s hand.
It does need to be kept in mind, however, that beneficiaries are only actually entitled to see any estate paperwork once they are actually beneficiaries; meaning after the person who wrote the will has died. If a person is not dead, there are no legal means to force that person to show anyone his or her will.
Along with the will and other court filings, beneficiaries of an estate would also be entitled to a full accounting by the personal representative once the estate is closed. In this accounting, the personal representative would have to account for every, single piece of property, bank and investment account and other pieces of property that made up the estate, along with what was paid out and exactly how it was paid out. The purpose of this accounting is so that all of the beneficiaries can make sure that all property is accounted for and that everything was paid out property.
If you believe you are a beneficiary, or know for sure you are, it is best that your first call be to a Miami estate attorney. If there is an issue with getting a copy of the will, you will have someone fighting for you to get what you need to see what you are entitled to. If you have a copy of the will, clearing it with an attorney first is the best way to be sire that there are no issues that could arise in the future and that your rights will be protected. There are most likely time deadlines in place for acting if a court action has to be brought, so call the Law Offices of Albert Gurevich today, at (786) 522-1411.