Common Mistakes Beneficiaries Make After a Loved One’s Death
Dealing with the loss of a loved one is usually a challenging and emotional journey. Unfortunately, this can lead to beneficiaries making costly legal mistakes. In California, after someone passes away, their estate goes through the probate process. Beneficiaries play a vital role in this process. However, beneficiaries frequently make mistakes that can delay or complicate the probate process, or even reduce their inheritance. Understanding the common mistakes beneficiaries make after a loved one’s death can help you avoid these pitfalls, ensure a smooth process, and protect your legal rights.
Here are some of the most common mistakes beneficiaries make after a loved one’s death;
- Failing To Understand the Probate Process
One of the biggest mistakes you can make as a beneficiary of a deceased loved one’s estate is failing to educate yourself about the probate process. In California, probate is a court-supervised process that involves, among others, the following steps;
- Authenticating the will (if there is one) and appointing a personal representative
- Locating, inventorying, and appraising estate assets
- Settling debts and taxes
- Distributing assets
Depending on several factors, probate can take months or even more than a year.
- Failing To Hire an Attorney Early On
Probate law in California can be complex. One of the biggest mistakes is trying to navigate this complex process without qualified legal help. Will contests, creditor claims, or disagreements over asset distribution can cause problems. A skilled probate attorney can help you handle these challenges before they spiral out of control.
- Contesting the Will Without Valid Grounds
In California, beneficiaries have the right to contest a decedent’s will. However, to pursue a will contest, you must have proper legal grounds. California allows will contests on grounds like undue influence, lack of testamentary capacity, and fraud. A baseless will contest can cause delays, waste money, and reduce the estate’s value. Before initiating a will contest, take time to consider whether you have valid grounds for doing so.
- Distributing Assets Before Proper Distribution Has Been Legally Determined
A common mistake beneficiaries make is using or dividing estate assets before the probate court approves distribution. California law requires that debts, taxes, and other expenses be settled first before assets can be divided among beneficiaries. Prematurely distributing assets can lead to fights between family members, legal disputes, and personal liability.
- Not Understanding Their Legal Rights
Beneficiaries have several legal rights during the probate process, and it is crucial that you understand these rights. Key beneficiary rights include;
- Right to notice and information
- Right to challenge the will
- Right to a full report of how estate funds and assets were managed
- Right to inheritance
- Right to sue the personal representative for breach of fiduciary duty
If you don’t understand your rights, you risk being disadvantaged or unfairly treated.
- Communicating Poorly With the Executor or Administrator
Sometimes, beneficiaries communicate poorly with the personal representative of the estate, damaging the relationship. While you are entitled to information from the personal representative, you need to understand that probate involves detailed paperwork. Always respectfully approach the personal representative. Additionally, avoid accusing them of wrongdoing without justification or withholding information.
Contact The Probate Guy
Working with a skilled probate attorney can help beneficiaries navigate the probate process effectively and avoid common mistakes. If you’re ready to hire an attorney, contact the experienced and dedicated California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.
Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.
Source:
law.cornell.edu/wex/undue_influence
