Previously ‘unknown heirs’ have always been known to come out of the woodwork when an estate proceeding is publicly posted. If you are the personal representative for a deceased’s estate, it can be disorienting to deal with individuals outside those who are specifically named beneficiaries. This confusion is compounded after an estate has already been probated and effectively is considered ‘closed’ by the courts. If a new heir comes forward, you need to determine if the estate should be reopened in probate court.
When notice is given to all heirs, sometimes a particular individual does not respond in time. Unfortunately for them, some courts will not allow a reopening. Afterall, they should have pressed their claim within the allotted time. Sometimes there is an error and if the personal representative failed to give notice to a named heir of the probate proceeding, then the estate will need to be reopened in court and appropriately addressed. This can be followed with the unenviable position of needing to collect previously distributed assets from current beneficiaries for redistribution.
Every once in a while, an heir emerges that even the deceased did not know about, such as an unknown child of the deceased. While they can petition the court as an heir-at-law, if the individual is not specifically named in a will, there is a good chance that even bringing forth a lawsuit will not successfully overturn the will.
If you are a personal representative or beneficiary of a closed estate and have recently learned of a potential new heir to the deceased’s estate, speak to an expert who is knowledgeable in probate law before determining what to do. Every new development – particularly if redistribution of assets may be necessary – should be thoroughly analyzed for the most efficient way of addressing it.
With more than 15 years of experience in probating wills, our offices can help! Contact our office at 724-216-5180 or use our online form to discuss your options.