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What About Heirs: It Is Your Money Do Your Due Delegence!

How Can You View The Will Of Any Decedent?

Once in probate, nothing is private anymore!

Accessing the Will of a deceased individual involves navigating specific legal channels, as wills are considered private documents until they are filed with a probate court. Once filed, a will becomes a matter of public record, which means anyone can request to view it. The process usually entails visiting or contacting the probate court in the county where the decedent lived at the time of their death. Many courts also offer online databases, allowing for remote searches and access to digital copies of wills. It’s essential to know the decedent’s full name and the approximate date of death to facilitate the search. If you’re looking to view a Will before it’s filed for probate, you may need the executor’s permission or prove a legitimate interest to a court, as access to the Will is restricted during this time.

The legal aspects of inheritance can get quite complex, involving wills and probate processes, and sometimes, there are disputes among family members or other heirs. My first advice is to ensure the legitimacy of any inheritance claim – be aware scams do happen. I strongly recommend seeking legal advice. I am not an attorney or a CPA, do not consider this as legal advice.

Probate is a public process.

Probate is indeed a public process, meaning that once a will is submitted to a court for probate, it becomes a public record. This accessibility allows interested parties to view the will, understand how the estate is being distributed, and file claims or challenges if necessary. The public nature of probate is designed to ensure transparency and fairness in handling a deceased person’s estate, allowing for the verification of the executor’s actions and the estate’s distribution.

A recent example of a Famous Person:

One well-known example involves the probate of Aretha Franklin, the “Queen of Soul.” After her death in August 2018, it was initially believed that she had not left a will, which would have meant her estate would be divided among her children under Michigan’s intestacy laws. However, in 2019, three handwritten wills were discovered in her home, with one dated 2014 found under cushions in her living room. This discovery led to a complex legal battle among her children and other interested parties over which document, if any, represented her true final wishes.

Franklin’s case illustrates several facets of probate that can become particularly complicated when dealing with the estates of famous individuals:

  • Privacy Concerns: Celebrity estates often involve significant assets and complicated arrangements, which are disclosed in probate court filings.
  • Family Disputes: The public nature of probate can expose family disagreements and legal battles to the public eye, adding emotional stress and media scrutiny to the legal complexity.
  • Validity of Wills: Challenges to the validity of wills, as seen in Franklin’s case with the discovery of multiple handwritten wills, become public proceedings. This can lead to extensive legal analysis and media speculation about the decedent’s intentions.

Public Access vs. Privacy:

While probate’s public nature provides a layer of oversight and transparency, it also means that the details of a person’s estate, including the value and disposition of their assets, become available to anyone interested. This can be a concern for individuals who value their privacy or wish to protect their family from public scrutiny. In response, some opt for estate planning tools that bypass the probate process, such as living trusts, which can provide a more private means of distributing one’s estate.

Conclusion:

The probate process serves essential functions in ensuring the lawful and transparent distribution of estates. However, the public accessibility of probate records can sometimes lead to unintended consequences, especially for high-profile individuals whose estate matters attract public and media attention. Estate planning with privacy considerations in mind can mitigate some of these issues, offering alternatives to the traditional probate process.

Notice Of Proposed Action (Do NOT Take It Lightly)

Notice of proposed action: In California, the “Notice of Proposed Action” is a formal notification process used in probate and estate administration. It is designed to inform interested parties about actions that the executor or administrator of an estate plan to take regarding its assets. This process is crucial for ensuring transparency and giving beneficiaries and heirs the opportunity to object to proposed actions they might disagree with before those actions are taken.

Forms Used in California:

The specific form used for a Notice of Proposed Action in California is “DE-165, Notice of Proposed Action.” This form is standardized and available through the California Judicial Council’s website or at local court offices. It requires detailed information about the proposed action, including its nature, the reasons for it, and the date by which any objections must be filed.

Restrictions And Requirements:

  • The executor or administrator must give notice of significant actions, such as selling real estate, distributing assets, or entering contracts on behalf of the estate.
  • Specific actions may be exempt from this requirement if the will explicitly allows them or all interested parties to provide their consent in advance.
  • The notice must be provided a reasonable time before the action is taken, typically at least 15 days in advance.

Means Of Giving Notice:

  • Domestic Recipients: For beneficiaries and interested parties within the United States, notice is usually sent via mail to their last known address. Email or other electronic means might be used if previously agreed upon.
  • Abroad: A notice can still be sent via international mail if an interested party lives abroad. Additional methods, like email, are acceptable if they are likely to reach the party effectively and there’s documented consent for such communication.
  • Incarcerated Individuals: For beneficiaries or heirs in jail, notice is typically sent through the mail to the facility, with specific attention to the inmate’s identification to ensure proper delivery.

Responding to the Notice:

Recipients of the Notice of Proposed Action have the right to object within the specified period in the notice. If an objection is filed, the executor or administrator may be required to seek court approval before proceeding.

Waiving the Notice Requirement (When time is of the essence)

In California probate proceedings, you’ll need to obtain formal clearance so that no further notices are required before the interested parties are given a waiver of their right to receive a Notice of Proposed Action. This waiver effectively means that the executor or administrator can proceed with specific actions without the standard waiting period, typically 15 days, required after issuing a notice for each proposed action.

Form for Waiving Notice of Proposed Action:

The “Waiver of Notice of Proposed Action” (form DE-165/WAIVER) is the specific form used to waive the Notice of Proposed Action in California. This form allows beneficiaries, heirs, or other interested parties to formally acknowledge that they do not require notice of specific actions proposed by the estate’s executor or administrator. By signing this waiver, they agree to forgo their right to be informed and object to specific actions ahead of time.

Process and Considerations:

  1. Understanding the Waiver: Before signing a waiver, it’s crucial for the parties involved to fully understand which rights they are relinquishing. This includes acknowledging that they will not be informed of, nor will they have the opportunity to object to, the specific actions the executor or administrator intends to take without the usual notice period.
  2. Execution of the Waiver: The waiver must be signed by all interested parties who would usually be entitled to receive the Notice of Proposed Action. This might include heirs, beneficiaries, creditors, or others with a legal interest in the estate.
  3. Filing with the Court: Once signed, the waiver should be filed with the probate court overseeing the estate’s administration. This filing is official documentation that the executor or administrator has obtained the necessary consent to proceed without further notice.
  4. Scope of the Waiver: The waiver can be tailored to specific actions or apply more broadly to all actions undertaken by the executor or administrator. The precise scope will depend on the agreement between the parties and the wording of the waiver form. Better to keep your eyes peeled before you sign it.

Benefits of the Waiver:

  • Efficiency: This waiver can significantly speed up the estate administration process by eliminating the need to wait for objection periods to expire.
  • Flexibility: Executors and administrators gain more flexibility to manage and distribute estate assets as needed without procedural delays.
  • Simplicity: Reduces the administrative burden on the estate’s executor or administrator by lowering the frequency of communications and filings with the court and interested parties.

The Closure:

Waiving the Notice of Proposed Action in California’s probate process allows for a more streamlined estate administration but requires clear understanding and agreement among all parties involved. Interested parties should consider the implications of such a waiver carefully and may seek legal advice to ensure their rights and interests are adequately protected.