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I would like to know how after a person dies should a person…

Customer Question
Thanks. I would...

Thanks. I would like to know how long after a person dies should a person be notified if he or she is indeed a beneficiary of the will?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

North Carolina

Lawyer's Assistant: What documents or supporting evidence do you have?

On December I received a notice from the Superior Court Div. stating that I am a beneficiary to my brother-in-laws will. My 5 children were told by the brother-in-law that they would be beneficiaries but so far they haven't gotten a notice. Is this unusual?

Submitted: 2 months ago.Category: Estate Law
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Answered in 5 minutes by:
12/14/2017
Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Estate Law
Satisfied Customers: 8,378
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

Thank you very much for your patience. So, generally, there's little guidance on how long it takes to notify the beneficiaries of the will; however, there are some general guidelines in your state that have been found to be typical. Usually, within 60 days after the death of the person, that is the time that the executor will obtain the original will and file all of the paperwork to be the executor of the estate (assuming they will be probating it in court).

After a person is appointed, then they will need to do things like publish a notice to all of the creditors of the estate so they can stake a claim if necessary. Many creditors do not try to collect on most claims. The person may also need to meet with a tax advisor if there are any other issues that are tax-related. Within about 90 days, this is the time where the property is given out to all of the beneficiaries.

So, generally, it's within 90 days. I would check in with the executor sometime around March to see how things are progressing.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 2 months ago
My question is..since i have been notified is it customary that my children have not been notified?
Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

I see. Yes, it's customary that they haven't been notified, particularly if there are nearly 10 beneficiaries and it is possible that the court hasn't gotten around to them yet. I would get a copy of the will to ensure that your brother in law is telling the truth because it is possible that he just may be mistaken. Have you seen a copy of the will yet?

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Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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