If you think you may have been left with a gift by virtue of a will, it is natural to be curious about what that gift is or when you can expect to receive it. Your first port of call should be the executor, usually a family member or friend of the deceased. If you are in good standing, they may tell you what the will contained, although they may not be able to tell you when you can expect to receive it.
WHY THE LAYMAN EXECUTOR MAY NOT KNOW HOW LONG IT WILL TAKE TO GET YOUR GIFT.
They may not know this information yet because distributing gifts to recipients is often the last job of the executor. Before distributing the gifts, they should calculate the value of the estate, see if there is any tax due, pay that tax if necessary, pay the debtors (the people to whom the deceased owes money or the estate), then and only then they can distribute the gifts. If they distribute the gifts ahead of time and it turns out that they should not have distributed the gift, then they can be held personally liable.
TALKING TO APPLICANTS
If you are unlucky enough to discuss the matter with the executor of the estate, or if the executor is unable to answer your questions, then you may be tempted to contact the law firm handling the estate on behalf of the executor.
There is nothing wrong with trying to contact the attorneys. It’s perfectly okay for you to call the law firm and ask to speak to the recipient of the estate’s fee regarding your gift under the will.
That being said, you may not get the answer you want, or no answer at all. The attorney may refuse to speak to you. Do not take it personally, this is not about the attorney being deliberately awkward or unkind, he is not trying to cause you distress or dismiss your inquiry. There are strict rules that the attorney must follow or you could face serious consequences.
The law firm must follow the confidentiality rules established by the Law Society. They have been instructed by the executors and not by you, this means that the executors are their clients and they owe the executors a duty of confidentiality. This means that they cannot discuss the estate with you unless the estate has passed into an estate, that is when the gift is delivered, or the executors give them permission.
It may seem strange that the attorney cannot speak to you, especially if he or she knows that you are listed as the beneficiary in the will. This is because, as stated above, the lawyer is subject to certain rules, one of which is that the lawyer can only talk to the executors about the will, until the will is passed to probate and becomes a document. public.
I understand this can be frustrating, but losing your cool with a person earning a rate or their secretary won’t help, the only thing losing your temper is having your calls blocked. As stated above, the person who earns the fees is not deliberately trying to make their life more difficult or unpleasant, they are bound by strict rules, and failure to adhere to those rules can have far-reaching consequences.
IS THERE AROUND THIS PROBLEM?
Yes, you, the attorney, and the executor may be able to fix this problem.
The best course of action is to speak with the executor and ask him or her to give the attorney permission to speak with you. Once the attorney receives that permission from his client, he can speak with you. They may request written permission to protect themselves, but once they receive it, you can discuss the estate and its possible gift with the attorney without any problem.
If your relationship with the executor is such that he or she may not give the attorney permission to speak with you, then you cannot make him or her do so. It may seem unfair and unfortunate, but if the executor refuses to tell the attorney that it is okay to talk to you, then there is nothing you can do about it.
But keep in mind that when attorneys apply for your estate, the will becomes a public document and you will be able to see it in its entirety at that time.
You may have to be patient.
CONCLUSION
In conclusion, if you want to see the will, or discuss the process or progress of the estate, you will need to speak directly with the executor, wait until the will becomes a public document, or ask the executors to contact the law firm. and request that the firm discuss the issues with you.