Legal Question in Wills and Trusts in California
Recovering money held by the state
My uncle died testate, but now all of the parties to which he left money in his original will are now deceased. The remainder of the money is now being held by the state of California which says that I have no claim to it because I was not named in the will. Is there a way where I, as his closest living relative, can reclaim this money from the state?
3 Answers from Attorneys
Re: Recovering money held by the state
review the will. where does the residue go?
Re: Recovering money held by the state
The will really has to be reviewed to see if you are entitled to the money.
Even though all of the beneficiaries named in his will are deceased it is possible that their heirs and not you are entitled to the money- it depends on the wording of the will.
The Will will most likely have to be probated so the Court can determine who is entitled to it. The State will have to turn over the money to whomever is entitled to it.
I hope this helps.Please feel free to contact me if you need more information
Re: Recovering money held by the state
It depends on the terms of the will. If the gift to the beneficiaries lapsed if they predeceased, the gifts will go to the residuary beneficiary named in the will, if any. If the gifts did not lapse, it goes to the heirs or the estates of the beneficiaries. A closest living relative would only inherit if the gifts lapsed and there was no residuary beneficiary so that distribution was by intestate succession.
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