Legal Question in Wills and Trusts in Illinois
I was notified by a company called "Legal Claimant Services" that I am the beneficiary to some of my deceased sisters stocks. The company wants to charge 30% to help me with recovering the funds. How can I be sure this isn't a scam? Is there a way I can do this on my own?
3 Answers from Attorneys
Whether it is a scam or merely excessive charges, you can claim the property
on your own with or without attorney representation. If the property is under the
control of a state's unclaimed property agency, you must contact them to
determine the process. If your sister's estate was probated, it may be necessary
to reopen the probate case. Regardless, if the benefits are significant, you should
review the necessary process to make the claim. You must determine the nature
of the property, whether you were designated as a sole beneficiary, and
whether the property can pass to you without probate of your sister's estate.
Its quit possible that it is a scam and it may well be something that you can do on your own. I suggest you contact an attorney in your area. If you know what company the stock are with or for, you should be able to contact them and they will assist you in filing a claim. Please contact an attorney in your area.
It may be legitimate, but the question is whether you need to pay the fee or can locate the asset on your own. Start with the unclaimed property office of the state where your sister resided. It probably is part of the state treasurer's office. If you Google the name of the state and "unclaimed property," you will probably find it. Here are two sites you can use:
http://icash.illinois.gov/
http://www.missingmoney.com/Main/Index.cfm
Otherwise, are there inquiries you can make? Do you know who handled your sister's final affairs? Do you know where she invested? Do you have access to any of her records that may still remain?
If you locate the asset, you may need legal help in submitting, depending on the value, either a Small Estate Affidavit or determining probate status and opening/reopening an estate.