A loved one died and I need help! |
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 What estate planning documents did the loved one have? |
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| Do I need to file a probate? |
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| How do I manage this process when I live far away? |
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| The bureaucracy is holding everything up; what can I do? |
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 The person in charge is being secretive; what can I do? |
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An heir or beneficiary has no automatic right to see an estate plan prior to the passing of the loved one. It is only upon a triggering event, such as a death or appointment of a successor trustee, that an heir or beneficiary obtains the right to review an estate plan under certain terms and conditions. To probate a will, it must be filed with the court and is a matter of public record. If the personal representative has not filed it or will not share it, there are methods to compel the disclosure of the instrument. A trust, on the other hand, is a private agreement and many trusts specifically instruct the trustee to limit information or deny access to certain parties. Frequently trustees will not surrender estate plans, even to children, unless there is a justifiable reason for doing so. It is not unusual, however, that an estate plan is used as a device to commit elder abuse against a family member. In such instances, an interested party can challenge the actions of the trustee or fiduciary and require disclosure. We are experienced with the process of fiduciary accountability. If you suspect something improper is happening, you should act without delay. |
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 Can I force an accounting from the trustee or personal representative? |
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| How do I force the trustee or personal representative to act? |
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| It appears that there is stealing from the estate; what can I do? |
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| The will or trust was changed under suspicious circumstances; what can I do? |
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