A beneficiary who is listed in someone’s will or trust documents has an interest in the estate the decedent leaves when they die or the trust they funded during their lifetime. Beneficiaries may receive certain resources from an estate or trust and therefore have an interest in the administration of someone’s estate after their passing.
Unfortunately, not everyone involved in estate matters acts in the best interests of those who should receive the property from the estate. Sometimes, beneficiaries have to take legal action to protect themselves and assert their rights. To do so, they first need to know their rights. The following are some of the most important legal rights of beneficiaries of an estate or trust.
The right to administration records
Texas probate statutes grant beneficiaries the right to have access to the records outlining the management and distribution of estate or trust resources. Typically, the right to read and review the will and trust documents also protects beneficiaries concerned about estate or trust administration. A personal representative or trustee should provide a thorough accounting of what they have done with assets. An inability to access those records or questions about the choices a trustee made could lead to litigation in some cases.
The right to take legal action
Trustees and beneficiaries can potentially ask the courts to intervene in cases in which they believe that the personal representative or trustee has failed to act in their best interests. In some cases, they can ask the courts to open probate proceedings or prevent an inappropriate transfer of resources. Other times, they could seek the removal and replacement of a fiduciary who has misused their authority or failed in their responsibilities to the estate.
The right to receive appropriate resources
Provided that the estate has adequate resources to meet the decedent’s financial obligations, including tax responsibilities and debts, beneficiaries have the right to receive the inheritance allocated for them by the testator. They should not have to face mistreatment or abuse to receive those resources, and the personal representative or trustee should comply with the instructions provided by the decedent rather than letting their own feelings dictate their actions.
There are other rights that protect beneficiaries as well. Learning more about the rules that protect beneficiaries during estate administration may benefit those with an interest in an estate or trust. Those who learn about their rights can potentially recognize a violation of them if one occurs.