Beneficiary Rights - Genser Cona Elder Law

Beneficiary Rights

A beneficiary is someone who stands to benefit from the act of another. In the case of a Will, a beneficiary receives specified property designated by the testator (the person making the Will). In the case of a Trust, a beneficiary is someone who has a present or future interest in the assets contained in the Trust.

At Genser Cona Elder Law, we'll help protect your rightful inheritance under a Will or reclaim trust property to which you were negligently or fraudulently denied. We'll conduct thorough discovery to determine whether the property or assets belong to the estate and if so, we’ll recover wrongfully transferred assets.

What Are the Specific Rights of a Beneficiary?

A beneficiary is someone to whom a deceased person bequeaths personal property, real property, cash, or other assets. As a beneficiary in New York, you have rights. Let's take a closer look at some of the beneficiary rights:

  • The right to be informed about all current information regarding the estate.
  • The right to receive the complete share of the estate to which they are entitled.
  • The right to have an executor that is not using the estate for personal gain.
  • The right to force the executor to give an accounting of the estate.
  • The right to be given a complete inventory of the estate within nine months of the appointment of an executor.
  • Right to prompt distribution of their share of the estate.

If you feel your beneficiary rights have been violated, the experienced Probate and Estate Administration attorneys at Genser Cona Elder Law can help.

Are Your Beneficiary Rights Are Being Respected?

Whenever money and assets are involved, the possibility exists for the party tasked with administration of the estate to abuse their position and power for personal gain. To prevent this, there are several safeguards in place.

However, a nefarious Executor may hide their delinquent management. If you suspect your beneficiary rights are not being respected, ask yourself these questions:

  • Is the Executor evasive or vague in response to your questions concerning the estate?
  • Does the Executor frequently state that any issues can be resolved without consulting an attorney?
  • Is the Executor frequently late when it comes to distributions, inventory reporting, or any other administrative tasks?

If you answered yes to any of these questions, it may behoove you to speak to the experienced team at Genser Cona Elder Law.

How Can an Attorney Safeguard Your Beneficiary Rights?

The experienced estate attorneys at Genser Cona Elder Law will carefully examine the terms of the Will or Trust to determine exactly what you are legally entitled to. From there, we have several options at our disposal if it appears your beneficiary rights have been violated. We can:

  • Petition the court if the executor is not faithfully performing the duties outlined by the Will.
  • Petition the court to remove the executor and appoint a successor.
  • Bring a petition for a compulsory accounting.
  • Bring a lawsuit against an executor.

These are a few of the actions the attorneys at Genser Cona Elder Law can take on your behalf. While all families hope to avoid litigation, it may be necessary in order to safeguard your beneficiary rights.

When Should You Contact a New York Probate Attorney?

If you were denied property or assets promised to you by your loved one prior to their death or suspect your beneficiary rights have been compromised for any reason, it's imperative for you to contact the experienced attorneys at Genser Cona Elder Law. As a matter of fact, you should contact us for legal representation as soon as possible.

Even if litigation is not necessary, we can provide you with information and a plan of action to evaluate your options. Most importantly, there is a limited amount of time you have to take legal action. If you fail to do so within the statute of limitations, you could lose your rights to what your loved one intended for you.

In addition, when you contact Genser Cona Elder Law for Estate litigation and beneficiary representation, you will send a strong signal to the Administrator or Executor that you have an experienced advocate on your side. We'll use our decades of experience to ensure you receive what's rightfully yours.

Contact Genser Cona Elder Law to Protect Your Beneficiary Rights

As a beneficiary, you have a specific set of rights delineated by New York law. Whenever your rights are violated, you can take legal action to ensure you receive your inheritance. At Genser Cona Elder Law, we bring more than 20 years of experience helping protect the beneficiary rights of people like you.

We have an in depth understanding of New York's complex estate administration and probate laws. We'll use our experience to guide you through the process and help you stake your claim to the assets you have been unjustly denied.

Contact Genser Cona Elder Law today.