Good Fences And Not So Good Neighbors: Property Law 101

Do You Need An Inheritance Lawyer For An Uncontested Estate?

27 September 2021 by Hunter Moore

The idea of hiring an inheritance lawyer if you have no intention to contest an estate can seem fairly dramatic. However, you'll find several good reasons to have counsel even in what seems set to be a fairly smooth process.

Catching Mistakes

Even when everybody does their job to the letter of the law, there may be mistakes. It always helps to have another set of eyes on a problem. Don't depend on the executor to get the specifics right. You're well within your rights to hire an inheritance attorney to verify that the execution of an estate follows the terms of the will and any attached trusts.

Studying More Than a Will

People often focus on wills. However, if the decedent had significant assets and planned ahead, there's a good chance they used more vehicles than just will writing. For instance, it's common for a grantor to move inheritable assets into trusts.

Similarly, you may be a named beneficiary of a payable-on-death benefit. This process takes place outside the will, although an executor should inform you of its existence. People can make checking, savings, brokerage, and retirement accounts payable upon their deaths. This allows them to quickly move money to beneficiaries without getting caught up in execution or probate. However, you'll need to document that you're the beneficiary and provide a copy of the death certificate.

Chain Inheritance

Beneficiaries may die before they ever receive anything from an estate. This can create a scenario where their natural inheritors may have claims on assets from the estate. This usually involves direct descendants and marital partners.

If you believe you have a claim on this basis, you may have to provide some proof. For instance, you'll need to document the relationship to the named beneficiary. Also, you'll have to prove who you are. You may also need to supply a death certificate for the deceased beneficiary.

Undistributed Assets and Proceeds

A smart grantor will provide an estate with more resources than it needs. This happens because an estate has to settle outstanding debts and taxes. An executor has a lot of room to address these issues, and the net effect is there may be leftover assets or money once those problems are retired.

Overall, it's a good idea to assert your claim to anything undistributed. Executors get busy, and they may also interpret the will differently than you would. An inheritance lawyer can ensure the executor protects your rights. Contact an inheritance lawyer to learn more. 

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