QUESTION
Does someone have to notify me and tell me what my grandfather left me in his will when he passed away?
Asked on May 06th, 2014 on Estate Planning - Illinois
More details to this question:
My deceased grandfather has money in cd's and trust funds for me but I don't really know what I have because no one has given the time to tell me what he left me in his will. Don't I have the right to know legally?
15 ANSWERS
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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If your grandfather's will was probated you would receive a notice from the court. What is more likely is that all those CD's were either in a trust or were owned jointly by your grandfather and someone else. If you were not a beneficiary of the trust the trustee would not give you any type of notice. If you know where he banked and which bank issued the CD's they might tell you if you were a co-owner with your grandfather.
Answered on May 09th, 2014 at 12:32 PM
All heirs have the right to know what is in the Will. Contact the executor or administrator of the Will. If it has been filed with the Court's probate department go and look at the entire file, which will include the Will.
Answered on May 07th, 2014 at 8:51 PM
3 Awards
Yes, send a letter to the Trustee or Executor and inquire. Keep a copy and mail it certified, ask for a written response within 30 days.
Answered on May 06th, 2014 at 8:43 PM
Edwin K. Niles
If you are a beneficiary, you are entitled to a copy of the will. See a lawyer if you are getting stonewalled.
Answered on May 06th, 2014 at 5:54 PM
2 Awards
Yes you do. Get an attorney.
Answered on May 06th, 2014 at 4:27 PM
You don't say when your grandfather died. If it was within the past year, the estate may still be in probate. Only after his estate pays all his final expenses and any taxes due will the heirs receive their bequests. If you think that you have been mentioned in his will, you can inform the probate court that you would like to be notified of the executor's actions, including whether or not you are mentioned in the will.
Answered on May 06th, 2014 at 4:10 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain probate/trust litigation attorney to represent you in obtaining the information you are requesting, as you may be entitled to part of the assets of the estate of your grandfather.
Answered on May 06th, 2014 at 4:08 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The answer depends on facts not included in your summary. Are you over 18? If not, then someone will need to be appointed conservator for you. That person would be entitled to a copy of the documents in question.You do not say if a probate estate has been opened for your grandfather or not. If it has not, then there is no one in a position to do ANYTHING, at this point. Probate would need to be opened, unless you are designated as a beneficiary of these assets. If that is the case, the Will does not apply. You would need to contact the companies involved, directly, in order to make a claim.
Answered on May 06th, 2014 at 4:06 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If money was left in trust, the trustee should notify you of the trust and your rights under the trust. For a gift in a will, you will get notice when a personal representative is appointed and the will is submitted to the court. If you are named as a beneficiary of bank or brokerage accounts, you may get no notice; you just have to ask the bank.
Answered on May 06th, 2014 at 1:02 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes you should be notified, unless you are underage and then the trustee and your guardians (parents) would be the ones to be notified.
Answered on May 06th, 2014 at 1:01 PM
You have the right to know. No one has a duty to tell you unless they are the trustee of a trust or appointed personal representative. If no one else is in charge, you will have to investigate on your own.
Answered on May 06th, 2014 at 11:56 AM
Yes, you do have rights. You should ask the person who has been appointed as the personal representative/executor/executrix of the estate. If they won't tell you, file a petition with the probate court for an accounting.
Answered on May 06th, 2014 at 10:42 AM
Taxation Attorney serving Charleston, WV
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C. Page Hamrick III
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FOR WEST VIRGINIA ONLY: In West Virginia, at death, Wills and Appraisements of estates are recorded in the local county clerk's recording office. You can get a copy there and determine if you have been left anything in a will and what is listed as the assets of the estate.
Answered on May 06th, 2014 at 10:22 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally, these things do not happen instantly, how long as he been dead? If you are named as either a beneficiary or payable on death on CDs or were a beneficiary of the trust generally you will be notified. If an extended period of time goes forward without your being notified you should engage an attorney to see what is happening. Please realize that trusts and bequests can be changed at any time, and that prior to the time there are any distributions the debts and obligations of the estate or trust must be met.
Answered on May 06th, 2014 at 9:12 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If there is a will the will must be filed with the clerk of the circuit court in the county of residence of the deceased at the time of death. The will must be filed promptly. Failure to timely file the will is actually a felony but is rarely prosecuted. As an interested person you could open a probate estate and force the filing of the will. If there is a trust you could ask the trustee to provide you with a copy of the trust agreement. If the trust is the beneficiary under a will you could force the disclosure of the trust in a probate proceeding.
Answered on May 06th, 2014 at 8:30 AM