Must beneficiaries who were listed in a Will but later excluded, be notified of the testator’s passing?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Must beneficiaries who were listed in a Will but later excluded, be notified of the testator’s passing?

I am one of several beneficiaries of my uncle’s estate. Over 10 years ago, 2 individuals were removed from his Will due to various reasons. The attorney assisting in settling his estate insists that we find these 2 individuals “in case they want to sue the estate”. The attorney has spent months and money “attempting” to find them and is now saying we have to pay for a private investigator to help locate them. My uncle passed away almost a year ago. This has been going on since then. My uncle removed them from his Will due to his own reasons. Why are we being told that they have to be found and what recourse do we have for the money that has been spent in trying to find them?

Asked on June 9, 2014 under Estate Planning, Ohio

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the issues you are having here.  The attorney may just be trying to follow the law there.  The law requires that the fiduciary send notice of the filing of the Will to all persons listed in the Will and those who would inherit if there was no Will or the Will was invalid.  If these parties that were excluded would have been in that group then locating them - or a valid attempt to do so - is necessary.  You have to do all that you can before you ask the court to allow you to publish a notification and then move on. If the estate is large or cumbersome in other ways it can take time.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption