Navigating the process of receiving your inheritance can be challenging, especially if the executor of the will is delaying or not fulfilling their duties. In New York, beneficiaries have the right to demand their inheritance from the executor. This blog will outline the steps to take, who can initiate such proceedings, when you should consider it, and the advantages of demanding receipt of your inheritance over initiating an accounting proceeding against the executor.
Understanding Your Rights as a Beneficiary
As a beneficiary, you are entitled to receive your inheritance according to the terms of the decedent’s will. If the executor is not distributing assets in a timely manner or you suspect mismanagement, you have legal recourse to demand your inheritance.
Steps to Demand Receipt of Your Inheritance
1. Review the Will and Estate Plan
Before taking any action, thoroughly review the will and any related estate planning documents. Ensure you understand the terms of the inheritance and the executor’s responsibilities.
2. Communicate with the Executor
Initially, try to resolve the issue informally by communicating directly with the executor. Request an update on the estate administration and the timeline for receiving your inheritance.
3. Send a Formal Demand Letter
If informal communication fails, send a formal demand letter to the executor. This letter should:
- Clearly state your request for the distribution of your inheritance.
- Reference the relevant terms of the will.
- Set a reasonable deadline for the executor to comply (typically 30 days).
4. File a Petition with the Surrogate’s Court
If the executor does not respond to the demand letter or refuses to distribute the inheritance, you can file a petition with the Surrogate’s Court. The petition should:
- Identify yourself as a beneficiary.
- State your relationship to the decedent.
- Detail the provisions of the will regarding your inheritance.
- Describe the executor’s failure to distribute the inheritance.
- Request the court to order the executor to distribute your inheritance.
5. Serve the Petition
Serve the petition on the executor and any other interested parties. This ensures they are formally notified of the legal action.
6. Attend the Court Hearing
The Surrogate’s Court will schedule a hearing to review your petition. Both you and the executor will have the opportunity to present evidence and arguments. The court will determine whether the executor must distribute your inheritance.
7. Court Order and Enforcement
If the court rules in your favor, it will issue an order directing the executor to distribute your inheritance. Failure to comply with the court order can result in legal penalties for the executor.
Who Can Initiate Proceedings?
Any beneficiary named in the will can initiate proceedings to demand their inheritance. This includes:
- Spouses
- Children
- Other family members
- Non-family members (if named in the will)
When to Initiate Proceedings
Consider initiating proceedings if:
- Unreasonable Delay: The executor is unreasonably delaying the distribution of your inheritance.
- Lack of Communication: The executor fails to communicate or provide updates about the estate administration.
- Suspected Mismanagement: You suspect the executor is mismanaging the estate assets.
Advantages of Demanding Receipt of Your Inheritance Over an Accounting Proceeding
1. Direct Action
Demanding receipt of your inheritance is a more direct action aimed specifically at receiving your share of the estate. It focuses on the distribution of assets rather than the broader management of the estate.
2. Faster Resolution
This approach can lead to a faster resolution compared to an accounting proceeding, which involves a detailed review of the executor’s management of the entire estate.
3. Specific Remedy
By demanding your inheritance, you seek a specific remedy—receiving your designated share—rather than a general accounting, which may uncover issues but not directly result in the distribution of assets.
4. Less Complexity
Demanding receipt of your inheritance is generally less complex and time-consuming than an accounting proceeding, which requires a thorough examination of all financial transactions and management decisions made by the executor.
Conclusion
As a beneficiary, you have the right to demand your inheritance if the executor is not fulfilling their duties. By understanding the steps involved and the advantages of this approach, you can take effective action to ensure you receive your rightful share of the estate. If you encounter difficulties, consulting with an experienced estate attorney can provide valuable guidance and support in navigating the legal process. Call us for a free consultation if you believe that your inheritance is not being out to you properly and timely, we will help!
Frequently Asked Questions (FAQ)
Any beneficiary named in the will, including spouses, children, other family members, and non-family members.
Demanding your inheritance is a direct action to receive your share, while an accounting proceeding involves a detailed review of the executor’s management of the entire estate.
