Legal heirs of the deceased person must receive a formal notice in accordance with the law.

by | Apr 9, 2023 | Spousal IRA | 45 comments

Legal heirs of the deceased person must receive a formal notice in accordance with the law.




– Attorney Shaffer continues to explain how the Probate Court System requires that all legal heirs and interested parties associated with the Decedent be notified in writing that a probate case/administration has been opened to settle the assets, debts, and affairs of the loved one that has passed away. Notice requirements are a very important task and function with any probate case and sometimes can take a lot of time and cause some delays in the probate proceeding. This allows interested parties to make any claims or objections regarding matters with the Decedent’s estate. For example, if Decedent’s Uncle loaned him money then Uncle upon notice of the probate case can file a claim for the money owed to him in the probate case with the court.

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When a loved one passes away, it can be a difficult and emotional time for everyone involved. In addition to dealing with the grief and loss, there are also legal matters to consider. One of these legal matters involves notifying the legal heirs of the deceased.

Under the law, notice is required to be given to the legal heirs of a person that has passed away. This notice is typically given by the executor of the deceased person’s estate, or by the court if there is no executor appointed.

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The purpose of this notice is to inform the legal heirs that they have a right to inherit from the estate of the deceased person. The notice must include certain information, such as the name and address of the executor or administrator of the estate, the date of death of the deceased person, and a statement of the legal heirs’ right to inherit.

The legal heirs who are entitled to receive notice are typically determined by state law. In most cases, this will include the deceased person’s spouse, children, and any surviving parents or siblings. However, the specific rules and requirements can vary from state to state.

It is important to note that the notice requirement is not optional. Failure to give proper notice can result in legal consequences for the executor or administrator of the estate. This may include being held personally liable for any damages or losses suffered by the legal heirs as a result of not receiving notice.

In addition to the legal requirement to give notice, it is also a good idea to inform all family members and loved ones of the death of a loved one. While not required by law, this can help ensure that everyone is aware of the situation and can begin to make arrangements to pay their respects and to provide support to each other during this difficult time.

Losing a loved one is never easy, and dealing with the legal aspects can make things even more difficult. However, by understanding the legal requirements for giving notice to the legal heirs of a deceased person, you can help ensure that everyone’s rights are protected and that the process of grieving and healing can begin.

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45 Comments

  1. Terry

    What can someone do if their next of kin rights are taken from them by undue influence?

  2. Greta Kaveny

    So what happens to a property that sells for more than the foreclosing debt amount and it is sold by the mortgage company or by the financial institution under the deceased persons name but has the address of the financial company how do I find any potential heirs of any owed surplus funds or possible overages?

  3. james dombroski

    I have a question when my mom died we sent eveything to lawyer judge sign off on it all my sister have copies of everything but I have bonds I need to send to treasure and my sister won't give me the stuff can I still go to the courthouse and get copies of stuff the judge approved of so I can send my bonds

  4. Rory Hammond

    does the woman who files the probate as the estate owners wife have to prove beyond the shadow of doubt that she is leaglly married to the owner of the estate or what kind of proof does she have to show when the said husban dies intestate?

  5. ALEXIS SHAW-MENDEZ

    I'M LOST. MY MOM PASSED AWAY IN FEBRUARY AND I'M HER ONLY CHILD. MY DAUGHTER SAYS SHE'S THE EXECUTOR OF WHATEVER TRUST OR WILL WAS LEFT BUT HOW TRUE IS THAT? I'VE BEEN LEFT OUT OF EVERYTHING BECAUSE SHE'S IN MY MOM'S HOUSE WHERE EVERYTHING IS. WHAT DO I DO?

  6. Angela Cheek

    State of Florida
    My dad and stepmom had wills and this had been discussed with us and we were told what was in them and how things were to be divided.
    My dad passed away September 2021 but my stepmom never probated his will and then suddenly in May 2022 (7 1/2 months later) my stepmom mom passed. On the day she passed one of my stepsisters took all legal documents along with other items. She has refused to share any information and has destroyed the wills. We have tried to find them through attorneys with no success.
    What do we need to do?!?!
    What are our rights (children and stepchildren)?!?

  7. Jen L

    Thank you for making this video your good at what you do 🙂 what would anybody suggest to do when you have a father who is getting older as in his 70's and his current wife is 25 years younger than him and he has two children with his current wife, but in his current house and at his property is 85 per cent of stuff that belonged to my mother who was cherished but sad to say passed away of cancer a while ago, but who had cherished and owned her 'belonging's' and truthfully my mother had said to myself that she wanted her daughter's to have certain items – just as any mother would want her daughter's to be taken care of, yet everything is at my father's and his current wife's my 'step mother's, I wish people could understand how hurtful some situations can be. Why can't people be fair ? especially when certain people before my mother passed knew what she wanted

  8. Petra Sweet

    I am in the state of Oklahoma they are in the state of Georgia I had no idea that a $300 lien was put on my father's house and when the caretakers lived with him to save money on the house that they bought so they could rent it out and there was no reason that he owed them $300 my father's the one that paid for everything

  9. Petra Sweet

    My father was a quadriplegic

  10. Petra Sweet

    This was in the state of Georgia Worth County and my

  11. Petra Sweet

    He did not own anything as far as owe anything and had around 185,000 in the bank and dollar house and owned probably about three different buildings through my grandmother almost a whole block that they just you know they put my dad on medicine and he wasn't the same he was a quadriplegic also and they only had medical

  12. Petra Sweet

    My father passed away and he also paid for a will to be filed the woman that was an attorney was found she had her license pulled my dad's will was never filed but my grandmother's Will is at the at the courthouse filed I was never given any notice on anything about his house they put a $300 lien on a $200,000 house and it was his cousins and this is state of Georgia this was in 2019 and I was never notified of anything

  13. Christine

    What if someone doesn't want anyone to get anything when they die? Do you have to write a will excluding everyone and everything?

  14. Calvin Nelson

    Ok so I was a minor when my father passed with 3 other siblings in there mid 30-50 and my father promised me 2 plots off land and that was made clear to most off the family but my dad didn’t make a will and my oldest sister is squatting in are deceased fathers house what am I supposed to do and my mother is in the picture but they got they got divorced when I was young but my dad didn’t make my mom take her name off off both plots to make sure they got to me

  15. Brian Willson

    In 2006.,my niece & her husband moved my 86 year old mother off her homestead property of 61 years,address unknown until 2008 when my mom passed away and then nieces husband called me to tell me that my mom had passed away and then he give me his address only two find out in that 2 years they brought in a new attorney in and had my mom sign a revocable trust making my 2 nieces the main beneficaries and disinheriting me the oldest adopted son and they give my 2 little sisters who were adopted with me in 1973 a $150.00 dollars each.But on july 15,1990 my 76n year old father showed me his and my mothers joint will which read that he leaves everything to the eldest son which is me and then he said he was a millionaire because of good investments .My dad passed away 2 months later on September 01,1990 in our house.Now in 2022 i finally have a court date coming up next june 2022 and the judge give me 20 days to amend my petition and my paid attorney quit on me last month and im on SSI making a $806.00 a month but after rent and bills im broke.IM IN OKLAHOMA.

  16. Laura Cresswell

    Unfortunately my dad had dementia so his wife decided to obliterate our life insurance as she got control as executor. I would highly advise anyone who is in this situation, to make sure that person can't touch what was intended for you.

  17. Michaela McLean

    What happens when your mothers mother passes away but your mother has also passed away years before and you receive a notice from Land Court and your name is listed as an Heir. Does that mean we are entitled to our mother's share of the estate (house)

  18. Cristina Figueroa

    What if there was a will left my brother changes his will too much before he died and left my sister out at executor and put his friend in that he never told us he died he never told us that they were probably the whe in fact he lied and so did his lawyer that there was no probate done do we have rise even though we’re not in the will but we are good direct air besides is mentally incompetent a daughter Dr Thomas Vet everything in a trust for her to Texas

  19. Cristina Figueroa

    My brother stupidly left his his good friend and made him an executor and he suddenly died two months later let me my sister out of the wall where the last were the last air stick besides us his daughter and left his estate to us to his Milhill daughter but didn’t make any provisions for any the personal things in his house which includes things we’ve given him in my Mother’s Day today its is executor is having a state so he has not notified as he didn’t notify us of the wheel with probated he did not he is not heating Teléfono brother died we had to find out their hand he’s treated us like crash but mainly because he was left as the trustee of the three $3 million steak can I have it removed executor

  20. stacy4keek1244

    What if the biological children (heirs) wasn't contacted and the step-mother and adopted daughter splits the money, how can they get it back?

  21. ann pajeski

    Should a grandson pass away, do his maternal grandparends who grew him up since he was an infant until he passed at 28 years old. be considered his next of kin or his heirs of what ever he left behind.

  22. ann pajeski

    SHOULD A STEP BROTHER PASS AWAY, WILL HIS STEP SISTER BE CONCERED NEXT OF KIN OR THE LEGAL HEIR OF WHAT HE LEFT AFTER HE PASSED.

  23. rich Mouneu123

    my step mother hired an attorney to probtete my fathers estate the attorney or my step mother doesnt not want to communicate with me about this matter. father died intestate in san bernardino california… what do i need to do

  24. Beth Ruiz

    What if the heirs do not want to sign anything or participate?

  25. Billy Graham

    I am trying to find the heirs of a man that died and let land go into tax default. The land Wes snapped up by an investor. I would pay the redemption price and offer the heirs a good price for the land. How do I contact the heirs? I know the name of the old man that died. I have an idea of the name of a couple of the heirs. Would they be insulted if I made them such an offer?

  26. Rainbow Snowflake

    My estate was stolen I have proof I need help the thieves have tried to murder me many times

  27. Linda Norris

    NOPE, LADY! YOU ARE WRONG ACCORDING TO MY FATHER'S FINANCIAL ADMINISTRATO. SHE TELLS ME ALL THE TIME THAT SHE WORKS ONLY FOR MY FATHER'S ESTATE AND HAS NO RESPONSIBILITY TO THE ACTUAL HEIRS.

  28. Linda Norris

    THE MASSACHUSETTS PROBATE SYSTEM IS IMPOSSIBLE TO UNDERSTAND. NO ONE WILL TALK TO THE NEIRS AT ALL, NO MATTER WHAT. NOT THE FUNERAL HOME WHO CREMATED MY FATHER (ARTWRIGHT FUNERAL, RANDOLPH, MASS). NOT THE BANK PRESIDENT, NOT THE COURT APPOINTED FINANCIAL ADMINISTRATOR, EVERYTHING IS SECRET!

  29. Terri Williams

    My great grandma was. Ford how do I find out if we are related to the Ford Corporation

  30. Ana Avila

    Well my dad just passed away he didn't leave a will am the only child but a women that leaved with him is presenting a false marriage certificate to claim all his properties. Should I do a small estate affidavit because she took all the money left in the bank and she doesn't let me go inside the house to get any belongings. Her name is not in the title of the house just on the warranty deed. What exactly can I do. I don't even know what to do anymore.

  31. Alfredo Alvarez

    If I have a mortgage loan and didn't accept the insurance for the loan to be payed off. And I pass away. Can my children keep paying the loan and stay with the house? Or does the bank take it away from them if they are willing to keep paying the loan? Please answer my question or anyone that might know my question.

  32. mujerbella66

    Is there a statue of limitation after a parent dies especially now with all courts closed due to the pandemic?

  33. Jackpot Winner

    Does the children receive knowledge of the estate amount?

  34. Loretta Burt

    She never answers .. why ?

  35. Lapis

    My other half died and left us my daughter and me half of his home and car. Other half to his sister . He never thought she wouldn't do as he said. He gave her a so huge gift and us ,but she chose to keep both gift for herself because in his will he didn't have two witnesses that had signed at the same time. He thought his words mattered ,his money ,his wish who gets his life things and also everything inside his house was supposed to be shared. We was his family all my daughters life and half of mine . He was our life and we his. There's no doubt he wanted us to be safe after he died. She wouldn't ever have dared to say to him what she did .
    She only saw him on birthdays and a day here and there if we went to something, we were in his life ,even tho we lived apart. She pretended everything was fine and suddenly gave me through a layer, not in person the message that because of the will not being in order, she keeps everything. She won't even ask my daughter if she wanted anything after him.He was her dad ,even tho he wasn't for real. My daughter is so upset because she wanted his jacket ,caps and empty wallet . She turned in to a greedy ….If he knew he would have never wanted to see her ,never left her anything. Is the law really going to protect her ? She can go buy more wine and vacations now. We hardly get by.If he knew …
    We doesn't live in America ,but is there any judges who judge what they think is right, or do they have to follow the law ,even when it's the thief they protect?
    Feels hopeless, I can't get a lawyer without taking a loan and probably won't have a chance to take a loan again, if I do. I have to think of my autistic daughters future ,so I fear taking a loan if we have no chance…
    How can anyone be so rude, like his sister and disrespectful? It's so painful everything and now this .Feel like …never mind .

  36. Liz J Lewis

    What if they left money to the Grandchildren only and bypassed the Children?

  37. Crazy. Ray's Videos

    Can grand kids get my dads assets. Just because the kids said that dad gave it to them. Or do he’s kids get the estate!!!!!!??????? He has no will

  38. PatC1

    Brother and sister are on title with 50/50 interest. Brother dies. His children does not want to inherit and have signed elective share waivers and the court is now treating the children like they pre deceased their father. So now it rolls to grandchildren, who oddly enough, are not interested in this inheritance. We have requested that the attorney rescind the waivers so that they can now inherit since the grandchildren don’t want to and are now being told that they cannot do that. They attorney has offered no alternative solutions and the house has been pending sale for over 8 months pending the distribution of the home. We are in Florida and was just wondering if your could cover a topic like this on your show and possible shed some light on how to proceed. Thank you

  39. Coop Sevy

    How do I find the administrator? My fathers assist I believe has went to probate and the legal system has lied but now I'm uncovering allot of mismanaged accounts. So how might take steps to look into this. And why did they hire 3ed party people to distore our family?

  40. FellVoice

    A friend who lives in Louisiana wants to leave a will stating that the inheritors can't see his land and if they do charges will be brought on them. Is any of this valid?

  41. monstersince

    our sister is ripping us off. since mum died my accounts are frozen and Fiona M Tuckwood elder sister and executor wont tell me the name of my solicitor and blocks all our phone calls

  42. Nick Brown

    Who should I contact to figure out of I was supposed to inherit something? I think my parents might have pulled something to steal it from me

  43. Danielle Wolfe

    What if you have been replaced or say, given other inheritances then discriminated, harassed, and emotionally neglected for it. Or placed to live under uncomfortable or abusive or sabotaging circumstances over heir biased tax laws?

    Have there been cases of twins harassing other twins whom were not heirs or of another religion or their faith , being taken as stupidity, mental retardation, and as insanity, when it wasn't so possible fraud was going on ? How come there are no legal protections for the "Unfavoreds"?

    Are there any "Unfavoreds" who start businesses but have them mishandled, but have them replaced by perjurying siblings and their publishing deals and copyrightsand take accreditation and accolades for their work or frame them for their crimes and refuse accountability?

    What if your circumstances are that no one can hire you over being an "Unheir" or "Unfavoreds", (thanks to Kimberly Johnson, Miranda Marcebello, Walt Disney, and the Backstreet Boys, etc. For keeping the abusive law changes, and for garnishing all our wages & lifetime earnings, 70% to 100%, for these insane U.N. taxes under The Brussels and many other agreements, and illegally buying out land with money your giving Bill Gates in Westerville, OH , Amazon.com in Pataskla, OH, and Supplyhouse.com in.Columbus,OH. And many more between Michigan, Ohio, Kentucky, and Tennessee, you stealing lawmakers. )

    So we will make are own laws since current U.S. and Ohio laws are insufficient and ilogical, and abusive, it is basically community slow killing genocide based off the nazi EMF programs.

    Which is disgusting, making them homeless, neglected, hated, jaded, bitter, leading to crimes , attacks on places of worship ( by not allowing socialization, help, atonement, repentance, forgiveness, and Participation, or any degree of deep discussion or education of any ill health individuals and groups. By illicit contracts, contests, phone photo pagents, videos, and votes. And the list goes on.

    They denied us Nomcrat or basically the right to reject $1,000 dollars of our inheritances so we wouldn't be forced into endentured slavery or poverty for the people think they like. We were denied this initally jewish right and christian right, and it is wrong , the state can not just have 5 "favoreds"/heirs , when you find out you have 12 or do a will that mistreats and endangers and restricts the income of the "unfavoreds"/unheirs to the point of poverty to pay for the heirs.

    I should have been the heir. Short and sweet, if I can't have the house, husband, children, and own/run my own business,I will keep fighting till those "Unfavoreds Rights", "UF Rights", " Unfavoreds Rights & Protections" , etc. Since my case and so many I thought cared or wanted Columbus , OH, out of the occult groups and organized crime, betrayed me for some gullible celebrities.

    I had huge dreams, I love to make business plans and be as creative as Kim Johnson, talk to Walt Disney on Aubourn Ave. In Hilliard, OH. Nice to see all the houses and mansions and education you bought through larceny and fraud.

  44. brenda bell

    My mother passed away and her sister is Exeter of her will.can I request to see the will.

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