How to best ensure that my rights has a beneficiary are properly represented during probate?

I am the primary beneficiary in my father’s Will. My uncle is the executor of the estate. There is a home to be sold, life insurance policies and some general property outlined in the Will. Everything is in IN. Would you advise me to seek personal legal representation in this matter or is the law office that my uncle has handling the estate sufficient to ensure that things are legally and correctly resolved?

Asked on August 23, 2011 North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  While I hope that the legal counsel assisting your uncle is on the up and up, I do have to say that the attorneys representing the interests of the estate and your uncle as the fiduciary and not the interests of the beneficiaries.  The law allows for an accounting and checks and balances as well as safeguards for you as the beneficiary.  But it ca never hurt to have an attorney review the matter on your behalf.  Just a letter on your behalf to let them know that you have someone watching your back and that you wish to have him or her be kept apprised of the goings on.  This way you have someone to go to "in case" as well.  Good luck.


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