• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Checklist for Beneficiaries?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? AL

I'm still asking questions for the disabled sister involved in this particular case. Thank you.


Is there a checklist of items beneficiaries can refer to when these PRs are supposed to be acting in behalf of the Last Will and Testament of the deceased?

Are the beneficiaries supposed to receive copies of the actions taken between the PR and the probate attorney all along until the final accounting and distribution of the money? The probate attorney makes out the checks or does the PR at the end of the case?
 


anteater

Senior Member
It is kind of tough to determine what you have in mind, but...

Unless an Alabama attorney familiar with probate happens by, an exact answer is difficult. Each state has its own requirements.

However, in most states, between any notices required at the opening of probate and those required when the final settlement is at hand, an estate administrator generally is not required by law to provide much information to the beneficiaries. If the estate is open for more than a year, often an interim accounting is required (again state specific), but I would guess that, in most states where that is required, it only has to be filed with the court. Of course, beneficiaries can view the case file by visiting the court.

I realize that many people think that an estate administrator works for the beneficiaries and the beneficiaries have a right to demand all sorts of things from the administrator. While an administrator has a responsibility to act in the best interest of the estate and, by extension, in the best interest of the beneficiaries, the administrator works under the supervision of the court, not the beneficiaries.

If you want to get into the nitty-gritty of Alabama law, the probate code is at this link. Look for Title 43.

http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm
 
Again anteater, thank you for your excellent advice and the website. I will peruse it and try to explain it to the young lady.

I am just trying to ascertain what the sister is to look for during the adjudication of this case file since the personal representative feels she doesn't need to discuss things with this particular sister, i.e., a list of the life insurance policies and who are the named beneficiaries. The PR told her these policies aren't going to probate court and whoever gets the money will be notified by the insurance company. The PR gave the sister the inventory list but admittedly said she didn't have to give her the list of the life insurances.

The sister I am trying to help, lives in another state and unable to walk or stand for even a short period of time. Alabama would be out of the question for her to travel to. I, not being a family member, can only ask questions for her to hopefully guide her so she won't have to hire her own attorney to find out what she should be rightfully notified of by the probate court.

Thanks for allowing me to vent!
 
anteater,

Wow thanks for the link to the Alabama probate court code! I'm sure this will be very helpful as already we see a couple of laws that are answered to her satisfaction!! :)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top