Do I Need a Lawyer for an Inheritance?

If you’re receiving an inheritance through a trust or a will, you might wonder whether hiring a lawyer is necessary. The short answer is: it depends on your situation.

In addition to this blog, watch our video dicussing whether or not you may need to hire or at least consult a probate attorney.

When You Don’t Need an Inheritance Lawyer 

In many cases, beneficiaries can receive their inheritance without needing legal help—especially when everything is handled properly. A trust is managed by a trustee, and a will goes through probate, which is overseen by an executor. If the trustee or executor is:  

  • Following the law 
  • Communicating clearly with beneficiaries 
  • Providing timely and accurate information 
  • Making distributions as required 

Then there’s usually no need to involve an attorney. In these smooth situations, the process can proceed without legal conflict.

When You Do Need a Lawyer 

However, if the trustee or executor is not cooperating or is failing in their legal duties, you may need to hire a probate or inheritance lawyer to protect your rights. Here are common warning signs: 

  • You’re not receiving financial information about the trust or estate 
  • Distributions are delayed or unexplained 
  • You suspect mismanagement, misconduct, or dishonesty 
  • You’ve asked for documents (like an accounting or inventory of assets) and received no response 

If any of these situations apply, it’s time to talk to a lawyer. 

What Can an Inheritance Lawyer Do for You? 

A lawyer who specializes in inheritance or trust litigation can: 

  1. Force an accounting from the trustee or executor 
  2. Compel disclosure of trust or estate assets 
  3. Seek removal of an unfit trustee or executor 
  4. File legal actions to enforce your beneficiary rights 

Do I Need a Lawyer for an Inheritance

Once a legal case is filed, the attorney can use subpoena power to obtain financial records directly from banks, brokerages, and real estate firms—cutting through delays and excuses.

Final Thoughts

If you’re unsure whether your situation requires a lawyer, consider scheduling a free consultation with an inheritance attorney. They can evaluate your case and help you understand your options. It’s better to ask questions early than to lose your rightful inheritance due to someone else’s mismanagement. 

In 2008, Mr. Davidson joined forces with Stewart Albertson to form a firm focused on integrity, enthusiasm, and creativity – values that he continues to foster in both his own practice and that of the firm. As a result, the firm has obtained over $130 million in verdicts and settlements over the past ten years, and he has guided the growth and expansion of the firm to include five California offices, including San Francisco, Silicon Valley (Redwood City), Los Angeles, Orange County (Irvine), and Carlsbad.