Legal Question in Wills and Trusts in Pennsylvania
My stepfather passed away some years ago. My mother and him were already divorced before he passed away. She recently told me that on all his legal papers, he had written me as his daughter...in his insurance claims and so forth. How do I go about finding out if I have an inheritance that I was not before aware of?
1 Answer from Attorneys
Did your step-father have a will? I don't know what other "legal" papers there could be, other than maybe a beneficiary form for life insurance or something like that. And if your mother divorced your step-father, how does your mother know this information? How long ago was the divorce? Could your step-father have changed things?
Was an estate ever probated for your step-father? If so, I would start by going to state/county where he lived at the time of his death and reviewing the estate file to see if he had a will. If he had a will, then you would have to be named in it if your step-father intended to leave you assets. Otherwise, you have no right to inherit from your step-father if he had no will unless he adopted you. The problem is though that any estate may have been distributed already. You do not indicate how long it has been. Also, you do not know if you are named as a beneficiary. If you were, then why would the personal representative not contact you? Were there even any probate assets? What about debts of the estate? All these questions would need answered to know if you are entitled to anything at this date from your step-father's estate.
Things like life insurance are a separate issue however. These are non-probate assets if there is a named designated beneficiary. Joint checking accounts also fall into this category. The easiest way to see if you are entitled to any funds is to go to www.unclaimed.org or www.missingmoney.com. You can try putting in either your name or your step-father's name using the state where he lived at the time of his death. If there is money the website will tell you how to claim it.
Most states have laws which indicate that where a beneficiary cannot be found, the insurer or bank or other entity holding the money turns it over to the state treasurer in a process called escheat. The time period can vary as to how long a bank or insurer can hold onto the funds before they escheat. If there is nothing there, you can keep checking. Otherwise, if you know the name of the insurer or know what assets are allegedly being held, then you can contact the insurer or holder of the funds directly.
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