When her father passed away a decade ago, Samantha was in college, too overwhelmed by grief and too inexperienced with money to question what happened next. Her mother told her there was “nothing left” from her father’s estate and that she’d be on her own financially.
Overnight, Samantha went from an upper-middle-class upbringing — private school, family vacations, a comfortable home — to piecing together her adult life without any support. At the time, she didn’t consider whether she had rights as his child and simply accepted what her mom said. But now in her thirties, Samantha has begun to ask hard questions.
Did her father have a will? Was she listed as a beneficiary on any accounts? Did her mother legally inherit everything, or did she take advantage of Samantha’s youth and inexperience to seize full control?
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While Samantha has built a successful career and doesn’t necessarily need the money, she wants accountability and possibly legal recourse.
What should have happened with the estate
When someone dies, their estate, which includes assets like property, bank accounts, retirement funds and investments, generally passes along according to their will. If no will exists, the estate is administered in probate and distributed under the state’s intestacy laws — typically to a spouse and children, or if none, to other relatives.
If Samantha’s father left a will naming her as a beneficiary, her mother had a fiduciary duty to administer the estate properly and distribute assets according to its terms. If her mother claimed there was “nothing left” without showing proof, that raises red flags.
Estate executors are legally required to file the will in probate court, where it becomes public record. So, Samantha’s father’s will should be available for her to view and potentially contest.
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Is it too late to contest the will?
Each state sets strict deadlines for contesting a will, often between a few months and a few years after probate begins. In Samantha’s case, 10 years may be too late to challenge the will directly.
However, if she suspects fraud, concealment or theft, she may still have options. Courts sometimes allow late challenges if there’s evidence that an executor deliberately hid the will or assets from rightful heirs.
How to move forward (hint: it should be quickly)
Samantha’s first step should be fact-finding. She can begin by obtaining a copy of her father’s will by requesting a copy from the court clerk in the county where her father lived when he died. She’ll need to confirm whether she was indeed named a beneficiary. If no will was ever filed, that itself is suspicious, and she may want to consult an estate attorney.
It’s also wise to try and check old financial accounts, like retirement funds, life insurance policies and bank statements, as beneficiary designations are often documented separately from a will.
Samantha should consult an estate attorney at this point. Even after 10 years, a lawyer can determine whether fraud or mismanagement occurred and if exceptions to deadlines apply.
Finally, if they find fraud and that her mother improperly concealed assets, there may still be grounds for legal action, in which case Samantha should file a claim.
It’s key for Samantha to act fast and get educated about her rights. Beneficiaries often don’t realize they can — and should — request documentation, review probate filings and seek legal guidance early in the process.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.