QUESTION

A woman wrote a will 8/93 and died 4/02. One named beneficiary was not ever notified of will. Did Atty have duty to notify? Beneficiary never got $

Asked on Aug 18th, 2016 on Estate Litigation - Tennessee
More details to this question:
Mother's Will names 4 beneficiaries- 3 children and spouse. Spouse inheritance was listed separately of the kids. after specific direction of jewelry to one kid- the rest was to be split in thirds. One child was told there was no will, no life ins or $ and never notified reading of will. The one adult child never got his 1/3 of estate/assets listed. Recently the person discovered the existence of will & wants to know how to track lack of notification, what became of assets, and if the atty who drew up the will ever made attempt to notify and if so, how. Other 2 named (one who was executor) still deny existence of the will even tho the 3rd named person obtained a copy which lists cash assets, stocks, CDs, house and life insurance . Attorney who drew up the will is listed as highly rated on your website btw.. Any information would be greatly appreciated. Deceased lived in TN. Named party was incarcerated in GA at time of mother's death and now resides in another country & cannot travel.
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1 ANSWER

The omitted beneficiary should have been notified and told that they were to inherit 1/3 of the assets. Attorney who drew up will is not under any duty to notify. The attorney who probated the will normally asks the other beneficiaries who is still living and has to depend on what he is told in how to distribute the estate. If the other beneficiaries told the attorney that the omitted beneficiary was dead, then he had a right to rely on what he was told. Need to try and track down original court case file from when the estate was probated and see what the petition to probate says about the beneficiaries.
Answered on Aug 18th, 2016 at 4:40 PM

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