Can an executor not tell a beneficiary?

If an executor did not properly notify a beneficiary or heir about a decedent’s will, the beneficiary may have a right to bring a will contest to revoke admission of the will to probate. A will contest lawyer can assist beneficiaries with determining whether sufficient grounds exist for contesting the will.

Does estate go to next of kin?

Once an application for probate has been sent to the Probate Registry and approved, the next of kin will be named on the grant (the legal document) as the administrator of the estate.

Is the next of kin legally responsible?

Does a next of kin have legal rights and responsibilities? No. The term next of kin is in common use but a next of kin has no legal powers, rights or responsibilities. In particular, they cannot give consent for providing or withholding any treatment or care.

Can executor cheat beneficiaries?

Yes, an executor can override a beneficiary’s wishes as long as they are following the will or, alternative, any court orders. Executors have a fiduciary duty to the estate beneficiaries requiring them to distribute estate assets as stated in the will.

What happens if someone dies without next of kin?

When a person passes away with no known surviving relatives or friends, the council will conduct a public health funeral for them, sometimes known as a “pauper’s funeral”. Public health funerals are simple services which include a coffin and a funeral director to oversee the burial or cremation.

Who is the next of kin in probate court?

Normally, the probate court appoints the next of kin as the personal representative who administers the estate. Without a will to guide the distribution of the assets, the administrator follows the law of the state.

What are an executor’s obligations to the next of kin?

However, the obligations of the executor to the next of kin must be balanced against the executor’s responsibility to fulfill all probate requirements, which may vary by state. The executor has a fiduciary duty to the beneficiaries of the decedent’s will.

What happens if there is no will or executor?

Where no Will exists, you will need to determine who the senior available Next of Kin is and if they are willing and have the capacity to take on the duties of Administrator. An Executor or Administrator’s role is to act in good faith and in the best interest of the deceased estate.

How are assets distributed when there is no next of kin?

In the absence of any next of kin, assets are typically distributed among more distant relatives or, if no relatives can be found, to the state itself as a last resort.