Do You Need an Attorney If You Are the Beneficiary of a Will?

November 24th, 2025
Posted By
Sarah M. Litowich
codicil to a last will and testament and irrevocable trust being signed by a 67 year old man.
If you have been named a beneficiary in a loved one’s last will and testament, you may be wondering whether you need the representation of an attorney. Although it is not legally required, there are several crucial reasons to have an attorney as a beneficiary. Notably, if the estate is complex, you suspect the executor is mismanaging the estate, or you are asked to sign documents you don’t understand, a beneficiary attorney can help ensure your rights are protected and the probate process goes smoothly.

What is a Beneficiary of a Will?

A beneficiary of a will is an individual who has been named in the instrument to receive assets after the testator passes away. By naming beneficiaries, the testator can remain in control of who receives their property and how it is distributed. Importantly, a beneficiary is not to be confused with an “heir.” While a beneficiary may also be a decedent’s heir, these terms are not interchangeable. An “heir” is specifically defined as a legal relative who inherits in the event there is no will.

What are Some Common Reasons a Beneficiary Would Need an Attorney?

As a beneficiary of your loved one’s estate, there are many advantages to having an attorney. Specifically, a beneficiary attorney can help you understand the extent of the gift your loved one left for you if there are multiple beneficiaries and the asset must be divided. They can also assist you with navigating the complexities of the probate process to help take the burden off your shoulders during a time that is stressful and emotional. In addition, an attorney can protect your interests and take the necessary legal measures if the executor fails to act in accordance with their obligations. Other common reasons to have a beneficiary attorney can include the following:
  • You question the validity of the will: There are certain legal requirements that must be met for a will to be valid in Oregon. The testator must be of sound mind and over the age of 18. The document must be in writing, signed, and witnessed by two individuals. If you have questions as to the validity of the will, an attorney can evaluate your case and determine whether the instrument can be challenged.
  • You have concerns about the executor’s ability to fulfill their duties: If you suspect the executor is not acting in your best interests or handling their duties properly, an attorney can help ensure they are held accountable. If the executor’s misconduct is severe, you can file a petition to have them removed from their position.
  • There are conflicts with other beneficiaries: In the event there are disputes among the beneficiaries, it’s vital to have counsel to protect your interests.
  • The executor has failed to communicate with you: The executor of the estate has a legal duty to communicate with the beneficiaries and keep them reasonably informed. If they fail to do so, an attorney can help you demand the information or petition the probate court for a formal accounting.
  • You are considering disclaiming the bequest: In some situations, it may be beneficial to waive your rights as a beneficiary. This may be done for tax purposes or to protect assets from creditors. A beneficiary who is entitled to government benefits may also need to disclaim the gift their loved one left in order to maintain eligibility. A beneficiary attorney can help you understand these situations and advise you regarding the pros and cons of refusing your inheritance.
  • The estate matter is complex: If the estate is large or there are complicated assets and tax issues, an attorney can help ensure you understand your rights and they are safeguarded.
  • You’ve been asked to sign a waiver: Before you sign any documents that could impact your rights as a beneficiary, it’s best to have a beneficiary attorney review them and explain the legal consequences.
If there are no estate planning documents and you believe you have a right to inherit from your loved one, an attorney can help you navigate the legal process. They can advise you regarding intestate law if your loved one didn’t have a will, help you initiate the probate process, and ensure the correct procedures are followed.

Contact an Experienced Oregon Estate Litigation Attorney

If you are a beneficiary of a loved one’s will, a beneficiary attorney can guide you through the legal process and give you peace of mind that the distribution of your loved one’s estate is being handled properly. Based in Salem, Litowich Law is dedicated to helping beneficiaries navigate the probate process and protecting their interests. We welcome you to contact us for a consultation.
Categories: Estate Planning