Legal Question in Wills and Trusts in California
Beneficiary can't be found, may be out of county
A person and myself were listed as beneficiaries to a stock account left by my deceased uncle. There was no probate on his estate and this is the last remaining distribution. I can not find the beneficiary named on my deceased uncle's stocks.
I have been searching for the other beneficiary for over 5 years and can not find him even with an investigator and there is no death certificate to prove his possible death.
The bank requires a court order.
What is the statue of limitations for this type of situation?
How long must I wait to have the bank release the money to me listed as the second known beneficiary?
What steps can be taken to speed up the process to recover the money in the account?
It has been sitting for over 5 years.
Thank you.
3 Answers from Attorneys
Re: Beneficiary can't be found, may be out of county
Depending on the amount, you will likely need to file a petition for probate. You will also need to read over any estate planning documents to see what they indicate. The court needs to provide you with an order one way or the other, and for that to happen, you will naturally have to go knocking on the courthouse door.
Robert Mansour, MansourLaw.com
Re: Beneficiary can't be found, may be out of county
How is it that there has been distribution without probate? Is the estate valued below
$ 100K? Call me directly at 16192223504.
Re: Beneficiary can't be found, may be out of county
Under the circumstances, your best option would be to initiate probate, especially if there are very few assets or beneficiaries at issue. This will allow you the court order you ultimately need, and help expedite matters, especially if you have been searching for this individual for 5 years to date. For prompt, affordable legal assistance in this area of the law, contact us directly today for a free consultation.
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