USA question. If a relative of mine died in July would I have heard by now if I was a beneficiary of their will?

[mrsjavierbardem]

I am assuming I am not mentioned in the will because I haven't heard anything from the executors.
Another relative thinks we wouldn't hear for ages, until the estate is wrapped up, sold etc
I Just assume that if you are mentioned in a will then someone will let you know within a month or so. Does anybody have any experience or knowledge of this?

Sorry for your loss.

Did you have cause to think you would be mentioned in the will? Had you been told this by the person?

Perhaps ask for a copy of the will if you think the person wanted to leave you a remembrance?

Yes we were part of a group of children who were equal beneficiaries from an earlier will. But a lot has happened since then, and our blood relative has died the estate passing to our relative's wife. So it's a step family situation.

I just assume that if we were beneficiaries of the latest will, that someone would have let us know, regardless of the estate being finally would up or not.

I meant to say thanks as well.

I read that in the UK a beneficiary would be informed within the first month after the death.

You can only be informed once probate is applied for, in the UK at least.

My grandma died earlier this year, probate has still not been applied for because my aunt who is one of the executors has decided that she doesn't agree with the will and seems to think she has the power to change it. So although i've seen the will and know that I'm a beneficiary, the solicitor hasn't been in touch as yet.

In the UK beneficiaries aren't necessarily informed until there's a cheque to give out. Shock of my life to get a cheque about 3 years after my granny died! I knew I was a beneficiary, just assumed there wasn't any money left after years of nursing home fees.

Suspect it's the same in the US but the executor should be able to send you a copy of the will.

Thanks, that's really interesting. We don't feel we can write to any of the deceased's children to ask as it seems extremely insensitive as they are grieving

Much depends on the state, but you well may have the right to notice, and other rights, as soon as the will is admitted to probate if you are a beneficiary. You may be able to find out by something by googling probate laws for the state in question.

Thanks, I will check that out.

In the US, it would be highly unusual to find out you were the beneficiary of a will by having a check show up. There are many aspects of estate administration that directly affects beneficiaries, especially how non-liquid assets are liquidated, taxation issues and many others. beneficiaries would have to be aware of the process in order to protect their interests so notice would generally be a big part of the process.

So how soon would you expect that to be in most cases, within a month?

Again, that depends on state law. You might want to call the state bar of the relevant state and see if they have a service whereby you could talk to a probate lawyer briefly to find out more. They might be able to help with basic information.

Thank you, I've been researching the relevant state law.

You say ' a group of children were benificaries from a former will'. Technically what was read in the first will now means nothing.
We wrote wills leaving to each other our house, and jointly my ds/oh ds, if we die together.
If I survive my husband regardless of wanting to be fair, his now wishes that are discussed by us, look after his son, I don't have to. I can leave it to a cats home if I want.
That's what's the solicitor informed us.
Does that make sense? You might get nothing.

That's UK mind you.*

I've been a beneficiary of 2 USA wills - in both cases I received a copy of the will shortly after the death and then my part or lack thereof of the estate when probate was finished a few months later.

Your best bet would be to contact one of the family members and ask whether chattels in particular a small named item significant to you have been allocated through probate.

That way you are not seen to be grabbing but are seen to be interested.
In my case it was a napkin ring that unlocked the correspondence.