Elder Law Report
Elder Law Report
Navigating Probate: Ensuring Fair Heir Representation with Greg McIntyre
Unlock the secrets to a fair and just probate process with insights from Greg McIntyre of McIntyre Elder Law. When it comes to heir representation, understanding the dynamics and potential pitfalls is crucial. Greg dives into the nitty-gritty of probate litigation, exploring the executor's role and the challenges heirs might encounter. From muddled will interpretations to biased executors, he underscores the necessity of clear communication and precise will drafting to avert disputes. This episode promises to equip you with the knowledge to navigate probate intricacies and secure your rightful inheritance.
Greg, a seasoned estate planning and elder law attorney, emphasizes the importance of legal representation for heirs. He shares how expert guidance can help ensure assets are distributed as intended and heirs are treated equitably. The discussion offers valuable tips for those facing the complexities of probate court, highlighting the expertise available at McIntyre Elder Law. With a mission to protect assets and legacies, Greg and his team offer support to clients needing heir representation, ensuring peace of mind in a challenging process. Don't miss this engaging conversation that could be essential for anyone involved in estate planning or facing probate challenges.
Hi, I'm Greg McIntyre with McIntyre Elder Law and I'm talking today about heir representation. What is heir representation? So we do a ton of litigation in regards to probate. So heir representation really is talking about an heir in a probate estate. A probate estate, probate court, is where a will has to be submitted in order to pass any assets.
Greg McIntyre:A will is not worth the paper it's written on until it's submitted to a probate court and it can only be done so after someone has deceased. So if a loved one passes away, let's say you're the executor, you know where the will is, you go get the will. You've been given the will during the person's life to keep for safekeeping. You submit that to the probate court and then you're the executor if you're qualified by the court to do so, and you're given authority to transfer assets under the rules of the will, under the watchful eye of the probate court. But let's say you're an heir of that will and an executor's come in and maybe you have a tenuous relationship with that sibling or that executor, that uncle, whomever it is, and you don't really trust this person is going to be fair and equitable and really follow the rules as set forth in the will. Now, this is not the biggest concern in a will, because the court is going to ensure that assets are distributed under the will, but I have seen many cases where an executor may be biased. An executor may not be adhering to their legal duties. They may be violating their legal duties by misappropriating funds, by misappropriating assets within the probate estate, by really showing a bias toward themselves if they're also an heir because the executor can also be an heir in receiving assets in a probate estate or toward other heirs, and they're trying as much as possible to leave you out of the loop. So it should be. Could be as simple as you needing great communication. It could be more devious. You feel like somehow the assets, even under the legal rules, are working against you and you're not getting your fair share under the will. It could also be an interpretation of the wording of the will that is somehow unclear. That's why I'm a huge fan in estate planning and drafting of a will and being super clear on how assets are appropriated, how they're divided, who they're given to.
Greg McIntyre:If someone is disinherited from a will, just being straightforward and extremely clear in communication and written communication in that will. A result of cloudy communication or poor drafting of a will could be an executor interpreting who gets what and maybe they're interpreting it one way and you're reading the interpretation. Your interpretation of that will and how it's written is different. That could be a good opportunity for you to meet with an estate planning or elder law attorney like myself and engage us for heir representation to put forth or call into question to the court the interpretation of that will and the distribution of assets and how they're split. It could be as simple as coming in as an attorney of record for you as the heir in the probate case matter at the courthouse to make sure that you receive great communication, that we work with the executor or their attorney to ensure and make just uber clear what the will says and you're informed and you're getting your fair share and have representation. So that's really a summary of air representation.
Greg McIntyre:If you are in this situation or find yourself in this situation myself, our attorneys at McIntyre Elder Law would be glad to assist you. You can reach out to us and we would offer a free consult to sit down and discuss, either in person, virtually over the computer, or by phone. You can call to schedule that free consult 1-888-999-6600 or you can go online to mcelderlawcom. That's mcelderlawcom slash scheduling. Mcelderlawcom. That's mcelderlawcom slash scheduling. Mcelderlawcom slash scheduling. And you can schedule right on our calendars from your computer or your phone.
Greg McIntyre:I'm Greg McIntyre, estate planning and elder law attorney. Our firm is committed to helping you and your family protect your assets and legacies and maximize those, minimize taxation and have great legal representation in the courts. Give us a call Until next week, morgan. What's our topic next week on our live? Let's do, I would say, trust beneficiary representation. We've done some trust litigation talks lately. Let's focus specifically on trust beneficiary representation. Similar to air representation, but not through a will and not through the court probate process, but through a trust. And what do you do if you're a beneficiary of a trust and you feel like the trustee is not doing what they're supposed to do? So we'll talk about that next week on our live, next Thursday at 10 am on Facebook. See you then.