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Estate Planning

Inheritance Will

Learning that you are named in someone's will is usually followed by a long silence, and many beneficiaries are unsure whether to wait, ask questions, or call a lawyer.

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01 GUIDE

Inheritance Will: what usually happens

How an inheritance under a will reaches you

A will does not transfer anything on its own; the executor must first be appointed by Surrogate's Court and then gather assets and pay debts. Relatives who would inherit without a will typically receive formal notice of the probate proceeding or are asked to sign a consent, and beneficiaries named in the will are generally given notice as well. Once a will is filed for probate in New York, it is generally a public court record, so you can often obtain a copy through the court. If you were left out of a will entirely, you may still receive notice because of your family relationship. Distribution usually comes only after the estate's obligations are clear.

What beneficiaries can ask for

You are entitled to reasonable information about the estate, and executors in New York can be required to account for what they have done. Keep any letters or notices you receive, and note when they arrived. If the will leaves you a specific item, find out whether the person still owned it, because a gift of property that was sold or given away before death may simply fail. An inheritance can carry tax questions, particularly for retirement accounts, so ask before cashing anything out. Before signing a receipt, release, or waiver, have someone review it with you.

When outside advice makes sense

A first conversation usually focuses on whether the process is moving at a normal pace or whether something seems wrong. Delays are common and often legitimate, especially when there is real estate, a tax return, or an unknown debt. If the executor will not share basic information, or if you believe the will itself is suspect, court procedures are available, and some come with time limits that start after notice. We also look at what you would receive under different outcomes before recommending any step. Many beneficiaries mainly need help reading what they have been sent.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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06 OFFICES

Where we meet clients

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Attorney Advertising. This page is general information about inheritance will and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.