When Your Parent Dies, What Are You Entitled To Know?

4 Sept 2022 · 1 min

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1:00

In this concise legal‑informational video, Jerry Taylor explains the specific information a child is legally entitled to receive after a parent’s death. He first distinguishes whether the decedent left a will or a trust, noting that a child has a right to obtain a copy of either document. He describes the executor’s obligations for a will—filing it in probate court and notifying all beneficiaries—contrasting this with a trust, which bypasses probate but still requires the executor and successor trustee to keep beneficiaries reasonably informed. Taylor emphasizes that the estate’s attorney represents only the estate, not the child, and advises that if the child is not receiving required information, they should retain their own lawyer and may petition the court to compel disclosure. The core takeaway is that children have a right to know the contents of the estate, how assets are being managed, and the ultimate distribution plan.

Chapters

This is a common question. When your parent dies, what information do you have a right to? In other words, what do you as a child have a right to know? I just so happen to know, so save this for when you need it. First question is, did they have a will or a trust? If they had a will or a trust, as a child, you're entitled to a copy of it. On TV, you often see situations where the whole family gathers in a lawyer's office for the reading of the will. Typically, that is not going to happen. Usually, the executor of the will has a copy of it. The executor of the will must file the will in probate court, and then they have an obligation to put everyone on notice who is in the will. A trust is not filed in court. It does not have to go through probate. The executor and the successor trustee have a duty to keep you reasonably informed. If they do not, you can go to court and compel them to do so. The lawyer for the estate is not your lawyer unless you're the executor or the successor trustee. So if you're not getting the information you feel you're entitled to, you should get your own lawyer and pursue that. As a child, you're entitled to know what's in the estate, what is being done with the assets of the estate, how it is all ultimately split up.