Avoid Estate-Planning Pitfalls: Probate Assets vs. Non-Probate Assets



April 1, 2016at 10:04 am

if you are beneficiary of non-probate asset, how are you notified if the Exceutor of the Will (and in possession of all deceased records) will not communicate with you.

    Paul Deloughery

    June 29, 2016at 8:39 am

    Boy that’s a tough one. If you are beneficiary of a bank account or insurance policy, the company will try to locate you. Otherwise, if you are designated on a written list to receive (for example) a painting or car, you will never find out if someone doesn’t share a copy of that list with you. This is one of the reasons I stress the importance of sharing copies of your estate plan documents (including written lists designating who is to receive items of personal property) with multiple family members before you die.

    If you really want to see if you are entitled to receive something, you need to hire a probate litigation attorney. The Executor (Personal Representative) may need to be subpoenaed. You can ask for a Status Conference with the court. You can ask that the court supervise the administration of the personal property. But unfortunately you probably have to hire a lawyer familiar with “the system” to help you.

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