When a loved one passes away, emotions often run high-and so do questions about what they may have left behind. One of the most common questions we hear is: "How can I find out if I was included in their will or estate?" Understanding your rights and the legal process can make all the difference during this difficult time. This guide explains what to look for, how to uncover whether you were left anything, and how an attorney can assist you throughout the process.
Contact us by either using the online form or calling us directly at 414-253-8500 for legal assistance.
What Is Considered an Inheritance?
Inheritance isn't limited to what you see in movies-massive bank accounts or lavish homes. It can include a variety of assets:
-
Real estate (homes, land)
-
Bank accounts (checking, savings, CDs)
-
Retirement accounts
-
Investment portfolios
-
Vehicles
-
Personal belongings (jewelry, artwork, family heirlooms)
-
Life insurance policies
-
Digital assets (cryptocurrency, domain names)
Some of these are passed through a will or trust, while others are transferred automatically via beneficiary designations or joint ownership.
Step 1: Check for a Will
A last will and testament is the most direct way someone expresses who they want to inherit their property.
Where to Look for a Will
-
At the decedent's home - In a safe, file cabinet, desk, or home safe.
-
With their attorney - If they had an estate planning attorney, the will may be held at that office.
-
In a safety deposit box - This may require court intervention or a special petition to access.
-
With the local probate court - If the estate is in probate, the will is likely filed with the court and becomes public record.
If you locate a will, look for your name as a named beneficiary. The executor of the will is required to notify all named beneficiaries and heirs.
Step 2: See If Probate Has Been Opened
Probate is the legal process used to validate a will and distribute a decedent's estate.
How to Search Probate Records
-
Contact the probate court in the county where the person died.
-
Many courts have online portals where you can search by name.
-
You can request copies of filings, including the will and inventory of assets.
If you were included in the will-or even if you weren't-probate records can reveal what assets were involved and who is receiving them.
🔗 Learn more about probate and how to avoid it
Step 3: Understand the Role of the Executor or Personal Representative
The executor (also called a personal representative) is responsible for administering the estate. This includes:
-
Locating and valuing assets
-
Notifying beneficiaries
-
Paying debts and taxes
-
Distributing remaining property according to the will
If you believe you were left something, the executor should notify you. If you haven't been contacted but suspect you were included, you have the right to reach out to the executor or file a formal request with the probate court.
🔗 Related reading: Understanding the obligations of an executor
Step 4: Check for a Trust
Some individuals place their assets in a revocable living trust or irrevocable trust. Unlike wills, trusts do not go through probate and are not part of public record.
How to Know If You're a Beneficiary of a Trust
-
The trustee must notify beneficiaries when the grantor (creator of the trust) dies.
-
If you suspect a trust exists but haven't been contacted, you may petition the court to compel disclosure.
-
Review property titles-if assets are owned in the name of a trust, it's a strong indicator.
Step 5: Look Into Non-Probate Assets
Not all inheritances go through a will or trust. Some assets transfer automatically upon death. These include:
-
Jointly owned property with right of survivorship
-
Payable-on-death (POD) accounts
-
Transfer-on-death (TOD) designations
-
Life insurance policies
-
Retirement accounts with designated beneficiaries
How to Discover These Assets
-
Contact financial institutions where the decedent held accounts.
-
Provide a copy of the death certificate and proof of identification.
-
If you're named as a beneficiary, they will walk you through the claim process.
Step 6: Watch for a Notice to Heirs
In probate, heirs are usually notified by mail, even if they are not named in the will. This is especially true if:
-
There's no will and the estate is intestate.
-
You are a close relative (spouse, child, parent).
-
You might have standing to contest the will.
Even if you're not named, you might still have inheritance rights under state intestacy laws.
Step 7: If There's No Will - Intestate Succession Laws Apply
When someone dies without a will, their estate is divided based on state intestacy laws. These laws determine who inherits and in what order, often starting with:
-
Spouse
-
Children
-
Parents
-
Siblings
-
Extended family (cousins, nieces/nephews)
You don't need to be named in a will to receive an inheritance in this case. If you fall within the legal heir category, you may be entitled to a share.
Step 8: Consider Hiring an Inheritance Attorney
If you're unsure how to access information, believe you're being wrongfully excluded, or want help navigating the process, speaking with a knowledgeable inheritance attorney can be invaluable.
An attorney can help you:
-
Locate probate filings or trust documentation
-
Determine your rights as a potential heir or beneficiary
-
Communicate with executors or trustees
-
Petition the court for information or asset distributions
-
Contest a will if there's reason to believe it's invalid
At Heritage Law Office, we provide experienced legal support to individuals seeking clarity after the loss of a loved one. Whether it involves wills, trusts, or intestate succession, we can help guide you through every step.
What if the Executor Is Not Being Transparent?
Executors and trustees have a fiduciary duty to act in the best interests of beneficiaries and the estate. If you're not receiving information-or you suspect misconduct-you may have legal grounds to act.
Signs of executor misconduct:
-
Refusing to share copies of the will or trust
-
Failing to communicate or update beneficiaries
-
Withholding distributions without reason
-
Mismanaging estate property
-
Failing to file probate or delaying the process
If you believe this is happening, you may petition the court to:
-
Compel disclosure
-
Remove the executor
-
Order a formal accounting
-
Freeze assets until a review is completed
Learn more about your rights by reviewing what happens when probate obligations aren't met.
Protecting Yourself Against Hidden Assets or Fraud
Unfortunately, not all inheritance situations are handled with fairness. Executors, trustees, or even family members may conceal or divert assets. To uncover hidden inheritance issues, consider:
-
Hiring a forensic accountant
-
Reviewing public records (property records, probate filings)
-
Searching for insurance policies
-
Checking for pension or retirement benefits
If you suspect someone is hiding assets, a probate litigation attorney can initiate discovery efforts through the court.
What to Do If You Were Disinherited
Being left out of a will or trust can feel devastating-but it's not always final. In some situations, a disinheritance may be challenged.
Grounds for contesting a will or trust:
-
Undue influence - Someone pressured or manipulated the decedent
-
Lack of testamentary capacity - The decedent lacked mental clarity
-
Fraud or forgery
-
Improper execution - The document wasn't signed or witnessed correctly
-
Ambiguity or conflicting documents
If you have standing as an heir and evidence to support your claim, you may be able to contest the will or trust through a formal legal process.
🔗 Explore how to contest an executor or trust
Timeline for Receiving an Inheritance
The timeline depends on whether the estate is probated, held in trust, or passes through beneficiary designations. General timelines:
-
Simple probate cases: 6-12 months
-
Complex or contested estates: 1-2 years or more
-
Trust distributions: 2-6 months after death
-
Non-probate assets: Often 30-90 days after claim filed
If significant time has passed with no communication, it's advisable to consult an attorney.
Common Mistakes to Avoid
-
Assuming you're not entitled to anything - Even if you're not named in a will, you may still be a legal heir.
-
Waiting too long to act - There are strict deadlines for contesting wills and claiming assets.
-
Not checking for life insurance, retirement accounts, or digital assets
-
Failing to get legal advice early on
-
Relying solely on the executor's word without documentation
Contact an Inheritance Attorney for Help With Estate Matters
If you're wondering whether someone left you something after their death-or you've been left in the dark about an estate-don't wait.
The laws surrounding wills, trusts, and probate can be complex, but you don't have to navigate it alone. Our team at Heritage Law Office is here to help you understand your rights and advocate for what you're entitled to receive.
Call us today at 414-253-8500 or use our online contact form to get the legal support you need.
Frequently Asked Questions (FAQs)
1. How can I find out if a will was filed with the court?
You can check with the probate court in the county where the person passed away. Probate records are typically public, and many jurisdictions now offer online search tools. If a will has been submitted for probate, it should be accessible by request or searchable by name.
2. What happens if there is no will or trust after someone dies?
If a person dies intestate (without a will), state intestacy laws determine who inherits. These laws vary, but typically the closest living relatives-like a spouse, children, or parents-will inherit according to a statutory formula. The estate must still go through the probate process.
3. How do I know if I'm a beneficiary of a life insurance policy or retirement account?
These accounts often have designated beneficiaries listed directly with the financial institution. To find out, you can contact the provider (such as the insurance company or retirement plan administrator) and provide a death certificate. If you're named, they are required to disclose that to you and guide you through the claim process.
4. Can I contest a will if I was disinherited?
Yes, you may have legal grounds to contest a will, especially if you were a close relative and believe there was fraud, undue influence, or lack of capacity. Contesting a will usually requires filing a petition in probate court within a specific time period, so it's important to act promptly.
5. How long do I have to claim an inheritance or assert my rights?
Each state has different probate and inheritance deadlines, but common timeframes include:
-
3-12 months to contest a will after it's filed.
-
Several years to claim unclaimed property.
-
Shorter timelines to respond to probate notices or file legal objections.
If you delay, you may lose your right to claim assets. It's advisable to consult with an attorney immediately if you believe you're entitled to part of an estate.