What are my Rights as a Beneficiary?

05/25/2007 - Category:Wills and Estates - Probate - State: OH #5934

Full Question:

My uncle just passed away and I am named as a beneficiary of his estate along with my brother, sister, and my uncle's sister. My brother & uncle's sister are the executors. What is my right as a beneficiary to find out what's going on in the process of setteling his estate? Do we have the right to know what's going on during the process, or do we just have to wait until the process is completed? Also, does the executor have the right to pay for services from the estate such as having his home cleaned, and do we have any rights where those type of decisions are made?

Answer:

The executor has the rights given to them under the Will, the estate laws of Virginia and the Court. This usually includes the right to pay for items like you mention for the benefit of the estate. However, the Court handling the probate is the final say on matters affecting the estate, as well as the final place to go if there are issues. Executors generally have broad powers so the Court's will usually not allow the heirs to get involved in every little matter involving the estate. As for information, as an heir you are entitled to information about the estate but again not so as to improperly interfere with the performance of the duties as executor. The executor owes all heirs a fiduciary duty to handle the estate in a reasonable manner and if he does not the Court can be involved.



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05/25/2007 - Category: Probate - State: OH #5934

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