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Your father just passed away. You’ve said your final farewell at the funeral, but then realize this is only the beginning. It’s now time to start the arduous probate process. Emotions are already running high, but now you’ve realized there’s something wrong with the will your father left. As a beneficiary who was expecting to receive part of the estate, it’s hard to believe you’ve somehow been excluded. Is there anything you can do? Yes, but you must follow strict rules and guidelines to contest a will. What to Have for Contestation You first need to confirm you are an interested pIf youarty—a beneficiary, a creditor with a valid claim, or legal heir determined by intestacy laws if there is no will—with legal standing to contest a will. This means arguing undue influence, improper execution, fraud, or revocation was involved. In other words, you must seek to prove one of the following: The testator (or the person who drafted the will) did not have the mental capacity (was not of sound mind, meaning they did not understand what they own, the value of each item, and who their natural heirs are) to draft or sign the will in question. The testator was manipulated, coerced, or forced under duress into drafting or changing parts of the will. The testator was deceived in some way to change or omit beneficiaries. There weren’t proper witnesses. The signature was forged. An earlier draft was submitted to probate. You have a strict deadline of 120 days from the start of probate to contest a will if you haven’t already objected to the initial probate hearing. Contesting the Will First step, notify the probate court and the estate of your intention by filing a petition. Next, gather the evidence you need to contest the will. Evidence includes, but is not limited to, a different version of the will, medical records, and witness testimonies. If you have objected to the initial hearing, this will you give you additional time to gather the evidence. Once you have the evidence needed, you will enter it into discovery. Witnesses will then be deposed, and you will go to mediation to remedy the situation through a neutral third-party. If the contestation cannot be resolved through mediation, you will then go to court and present your case to the judge. Costs and No-Contest Clauses If you contest a will, it may cost upwards of few thousand dollars (includes court and filing costs and attorney fees) and could take years to conclude. This is one reason why you want to have a solid case before attempting to contest a will. Another reason is when a will has a no-contest clause. If it does, and you lose the case, you can also lose all the inheritance you would have been subject to. If you have any questions about your rights as a beneficiary, check out our Guide to Beneficiary Rights and then contact a reputable probate attorney.

A living trust, also known as a revocable trust, is a great way for someone to protect their family members from the long and sometimes arduous process of probate. What some may not know is how to turn that revocable trust into an irrevocable trust. What’s the difference between a revocable and an irrevocable trust? When a revocable trust is first created, it can be changed, amended, or revoked (i.e. canceled) by the grantor (or creator) of the trust as circumstances and preferences change throughout their life. However, this leaves all assets that have been placed in the trust open to estate taxes, creditors, and possible litigations. An irrevocable trust on the other hand, cannot be changed or revoked, as all assets are shifted from the grantor to the trust, essentially locking them in a vault that only the trustee and beneficiaries have access to upon the grantor’s death. This protects the assets from creditors, litigations, and taxes, guaranteeing their unconditional passage to the beneficiaries. Any changes to the trust must be signed off by the beneficiary(ies) or the court. What would trigger a revocable trust to become irrevocable? An irrevocable trust can be setup on its own, but if a living trust is created, there are two ways it can become irrevocable: Upon death – The living trust automatically becomes irrevocable upon the death of the grantor. Incapacitation – If at any point during their life the grantor becomes incapacitated, and can no longer make sound, legal decisions due to illness or accident, a living trust can become irrevocable until the grantor is no longer incapacitated. This helps protect the grantor’s assets from potential creditors or bad actors, such as a family member, friend, or trusted professional using undue influence to change, amend, or cancel the revocable trust. What does having an irrevocable trust mean for you as a beneficiary? Once an irrevocable trust is created (or a living trust becomes irrevocable), it secures your rights to the assets. You can also enforce the provisions of the trust and hold any trustees accountable. However, because the trust can no longer be changed if anything should happen to a beneficiary, such as disagreements over asset distribution or a beneficiary passes away before the grantor, modifications can be extremely hard and contentious. Read our article, “ 5 Beneficiary Rights to Know,” to learn more. Asset management through a trust can be tricky, but when done in the right way, it can help protect your inheritance and give you peace of mind. Check out our guide for What Every Beneficiary Should Know About Trusts, Estates, and Probate, and then speak to a qualified estate planning attorney to make sure your rights are protected.

Screenshot A lot of things can happen when an executor or administrator of an estate begins the process of asset distribution—asset mismanagement, distribution delays, and lack of communication among them. As a beneficiary of a trust or an estate, you are entitled to certain rights. Knowing these beneficiary rights will help set appropriate boundaries and expectations, ensuring proper administration of the estate. Beneficiary Rights to Notification When a will is in place, you have a right to be notified when the will has been entered into probate, as well as the right to know who has been appointed to manage the estate. Beneficiary Rights to Information As a beneficiary, you have the right to always know what is happening with the estate. This means you have a right to receive copies of the will or trust, ask about your inheritance (and whether assets must be sold to pay off debts), and request periodic statements of account (including detailed reports on assets, liabilities, income, expenses, and requests for compensation). Beneficiary Rights to Timely Distribution & Fair Treatment Executors or administrators have a fiduciary duty to act in the best interest of the beneficiaries. Unless a will or trust says otherwise (and taking the complexity of the estate into consideration), completing probate or distribution of assets should not take years upon years, nor should it exhibit preferential treatment. As a beneficiary, you have the right to expect fair and unbiased asset distribution within a reasonable amount of time. In most states, this means up to twelve months. Beneficiary Rights to Contest a Will After a will has been entered into probate, you have the right to contest the will if you feel it was drafted through undue influence or fraud, especially if it was improperly witnessed or the designated signee lacked the mental capacity to know what they were signing. In most states, you have up to 120 days to contest the will once you are informed of probate. Beneficiary Rights to Hold Trustees Accountable and Remove an Executor At any point in time, if you feel an executor or administrator is mishandling the estate, you have a right to petition the court for a remedy, which may include suing the executor or administrator and asking for removal. Be careful, though, because the court will only remove an executor or administrator if you have a valid reason to believe they are managing the estate in bad faith. This may include stealing, selling property below market value, failing to keep records, or other acts of misconduct. Other valid reasons may include a lack of mental or physical capacity or conviction of a crime. What the court won’t do is remove an executer simply because you didn’t like a decision they made. For more information on your rights as a beneficiary and for real-life case studies, download Your Guide to Beneficiary Rights.