Legal Question in Wills and Trusts in California

RE: Unclimed Inheiratince Money

My mother has unclaimed property in 2 states that I know of so far. My uncles name is on both accounts ''in trust of.'' I haven't spoken with him since my mom has passed in 1999 (my family and I are not close being that I am a ward of the court) I don't know if he's alive or even living in this country. He has a common name wich make it hard to find him. How can I claim my mothers lost assets without getting a hold of him? I am her only child and have legal proof that I am intitled for everything she had. I was her executor of her estate. So how can I claim these assets? Should I hire an attorney to make a legal document showing that I am the benificary of the trust? Can he claim the ''unclaimed assets'' that has been truned over to the state? Who legally gets this money?


Asked on 12/23/07, 6:19 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Re: RE: Unclimed Inheiratince Money

I do not really understand this question. Are they two bank accounts that no one has done anything with for many years and your uncle could not be contacted so the accounts were transferred to the State as abandoned property? If not, what are they? If you are named executrix of the Will, they you need to open probate in the state where she died, get appointed by the court as administrator of the Will, send that document to the States where the accounts are and ask they be transferred to you as administrator, finish the probate and distribute the assets. But if you are in custody, I do not know if you would have the freedom of movement to do that by yourself. If the accounts are held in a trust, then they do not pass by the Will but rather by the terms of the trust. Whether they are unclaimed assets or not should not matter at all as to whom is entitled to them. Get all the papers together and go over them to see whether they are in the Trust or the Will.

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Answered on 12/23/07, 10:05 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: RE: Unclimed Inheiratince Money

By all means, hire a lawyer to assist. There are too many details unknown to answer your questions briefly in this forum.

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Answered on 12/27/07, 1:20 pm


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