Do I have to get consent from all heirs listed on unclaimed cash I found for my father, who's estate has been closed for years?

I found unclaimed cash for my father from an insurance company and the dept of revenue wants a notarized written disclaimer from heirs listed in the will. My father has been deceased for 9 yrs and the estate has been closed for 7 years, I can provide the copy of death certificate, will and I am listed in the will, but there are a total of 9 people in the will and all of them are either completely financially stable or well off and they are all scattered about and I am not in touch with any of them. I am suddenly and unexpectedly without a job and even a home now and honestly just want to claim this unclaimed cash for myself. I don't even have a clue how much it is, just that it is over 100> and I want to claim it for myself. Can I do this or do I need consent from every single heir?

Kent, WA -

Attorney Answers (3)

Joseph Franklin Pippen Jr.

Joseph Franklin Pippen Jr.

Estate Planning Attorney - Largo, FL

It belongs to all of the heirs of the estate-so each heir could consent to giving you a gift after receiving their share.

The answer given does not imply that an attorney-client relationship has been established and your best course of... more
Thuong-Tri Nguyen

Thuong-Tri Nguyen

Family Law Attorney - Renton, WA

"I ... honestly just want to claim this unclaimed cash for myself." Why should only you get the money if the money belongs to other persons too?

This found money likely belongs to your father residuary estate. You should review your father's will to see who were supposed to get the residuary estate.

Getting money from the Unclaimed Property office is not going to be quick. The more money is involved the more proofs the office is going to require that the money is being released to the right persons.

"all of them are either completely financially stable or well off". Unless your father's will require that the persons is indigent to get money, whether they are well of is irrelevant to whether they are legally entitled to the found money.

You will need to satisfy the requirements of the Unclaimed Property office to get the money.

You can contact the person who handled your father's estate. Perhaps that person can get the money from the Unclaimed Property office and then figure out what to do with the money.

Steven M Zelinger

Steven M Zelinger

Probate Attorney - Philadelphia, PA

If it is estate property (not beneficiary designated to you only) then it goes in the estate and follows what the will says, period. If you aren't as well off as the others that is irrelevant. Perhaps the others will agree to let you keep it but that would be a settlement up to them.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.