How Can Beneficiaries Protect Their Rights During Probate?

The probate process, in which a person’s assets will be distributed to heirs after the person’s death, can be stressful for everyone involved. Complex estates usually involve a variety of legal and financial issues, and beneficiaries who expect to receive an inheritance may need to resolve concerns that arise during the probate process. 

Understanding your rights as a beneficiary and knowing when to seek legal action is crucial to make sure your loved one’s wishes will be honored while protecting your inheritance. An experienced attorney can help you navigate these challenges and ensure that your interests are represented during the probate process.

Understanding Your Rights as a Beneficiary

Beneficiaries have specific rights during the probate process, including:

• The right to be informed about the probate proceedings.
• The right to receive a copy of the will.
• The right to an accounting of the estate’s assets and liabilities.
• The right to challenge the validity of the will if there are grounds to believe it is not legitimate.
• The right to take legal action against an executor if they are not fulfilling the executor’s duties properly.

When to Challenge the Validity of a Will

There are several scenarios in which a beneficiary might need to contest a will. Some common grounds for challenging the validity of a will include:

• Lack of testamentary capacity: If the deceased person did not have the mental capacity to understand the nature of his or her decisions when creating or updating a will, a beneficiary can contest the will. Signs of lack of testamentary capacity might include severe cognitive impairments due to illness or medication.
• Undue influence: A will can be contested if there is evidence that the deceased person was pressured or coerced into making decisions that he or she would not have made otherwise. This undue influence can come from a caregiver, family member, or friend.
• Fraud or forgery: If there is suspicion that the will was tampered with or altered or that the deceased person was deceived into signing the will, beneficiaries can challenge its validity. Evidence of fraud or forgery can invalidate the document.
• Improper execution: Wills must meet specific legal requirements to be considered valid. If the will was not signed or witnessed according to the laws of Illinois, it might be declared invalid.

Addressing Executor Misconduct

Executors have a legal duty (known as a fiduciary duty) requiring them to protect the best interests of an estate’s beneficiaries. They are also required to manage the assets in an estate and distribute them according to the deceased person’s instructions while also following all applicable state laws. Disagreements often come up if the executor does not fulfill these duties properly. Beneficiaries should be on the lookout for signs of executor misconduct, such as:

• Failure to provide an accounting of the estate.
• Mismanagement or embezzlement of estate assets.
• Conflicts of interest.
• Unreasonable delays in the probate process.

Contact Our DuPage County, IL Beneficiary Representation Lawyer

Protecting your rights as a beneficiary during the probate process is essential. It will not only help ensure that you receive your rightful inheritance, but it will also ensure that your loved one’s wishes will be followed correctly. If you believe that the will filed in probate court is invalid or that the executor of your loved one’s estate is acting improperly, it is important to seek legal assistance to ensure that these issues can be addressed and resolved correctly.At the Gierach Law Firm, our Naperville, IL probate attorney provides dedicated guidance and support to beneficiaries. We can help you protect your rights and resolve estate-related disputes, ensuring that you will be able to honor your loved one’s legacy. Call our office at 630-228-9413 to schedule a consultation.