What Is Beneficiary Representation?
During the probate and estate administration process, the executor or personal representative of a deceased person's estate will perform a number of activities, including taking an inventory of the person's assets, paying any debts and taxes, and distributing the assets to beneficiaries according to the instructions provided in their will. This can be a complex and time-consuming process, particularly if the estate is contested. An attorney can help beneficiaries during the probate process by ensuring that the estate is distributed according to the deceased person's wishes. In addition, an attorney can help to resolve any disputes that may arise between beneficiaries.
The Marques Eason Law Group can provide invaluable guidance and legal representation for beneficiaries following the death of a loved one. We understand the complex legal factors that may need to be considered in these situations, as well as the emotional issues that family members are likely to experience due to their loss. We can make sure beneficiaries understand their rights, and we will advocate on their behalf to ensure that they receive the assets to which they are entitled.
Issues That May Affect the Rights of Beneficiaries
In some cases, beneficiaries may need to address issues related to the validity of a will that was filed in probate court following the death of a loved one. This may be a concern in situations where a person who expected to receive an inheritance finds that they were disinherited or that their loved one left assets they expected to receive to someone else. In these cases, beneficiaries may need to determine whether they can challenge the will. An attorney can provide guidance on whether a will can be contested based on the mental capacity of the deceased at the time the will was written, undue influence on the decedent by another beneficiary, or fraud/forgery.
Beneficiaries may also take action to address improper actions by the executor of a loved one's estate. The executor is required to fulfill certain duties and responsibilities, including providing an inventory of estate assets and distributing them according to the instructions provided in the will. Beneficiaries may suspect that the executor has not fulfilled their obligations, has mismanaged estate assets, or has used the estate's assets to benefit themselves rather than the beneficiaries. By pursuing probate litigation, beneficiaries may ensure that the executor will fulfill their responsibilities, or the executor may be required to reimburse the beneficiaries for any losses that occurred due to their mismanagement of the estate.
In cases involving trusts, beneficiaries may need to determine how to ensure that the terms of the trust are being carried out correctly. Trustees have a fiduciary duty to act in the best interests of the beneficiaries. If a trustee has mismanaged the trust's assets or failed to follow the instructions for distributing assets to beneficiaries, trust litigation may be necessary to compel the trustee to meet their requirements, replace the trustee with another party, or require the trustee to reimburse the beneficiaries for their losses.
Contact Our Chicago South Side Probate Litigation Lawyer
If you are a beneficiary of an estate or trust, you may need to seek legal guidance to ensure that the estate or trust is properly administered and that your rights are protected. In some cases, estate administration may be complicated by disputes between beneficiaries or claims that an executor or trustee has failed to carry out their duties correctly. An experienced estate administration attorney at The Marques Eason Law Group can provide you with the knowledge and resources you need as a beneficiary to navigate the estate administration process. Contact us today at 773-973-3755 to learn more about how we can assist you in this process.