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Does an attorney need to get involved with this claim?

Uncasville, CT |
Filed under: Probate

I have found unclaimed funds in the amount of $800.00 from my deceased mother's estate. The estate has been closed for 5 years. My sister and I were the executers. My mother had 3 other children from another marriage that contested her will. Does this $$$ need to go through probate (reopen estate?) and be distributed to everyone or just between myself and my sister? The estate was split at 95%/5%, with 5% going to the other 3 children. Thank you.

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Attorney answers 3

Posted

You need to reopen probate to distribute the funds. They are the property of your mother's estate and absent the consent of the court you have no authority to access them. If the funds are held by the state on "the big list," they won't even produce the check without a current fiduciary certificate.

Attorney Rosenberg is admitted to practice in Connecticut and Massachusetts, and currently practices in South-Central Connecticut with an emphasis on estate planning, elder law, probate, and tax matters. He may be contacted confidentially by email at Scott@ScottRosenbergLaw.com or by phone at (203) 871-3830. All correspondence through this website appears publicly, is not confidential, and does not create an attorney-client relationship between you and Atty. Rosenberg. Discretion should always be employed when posting personal information online. ~~~~~~~~~~~~~ All online content provided by Atty. Rosenberg on this and other websites is provided for general informational purposes only, and does not constitute legal advice. All content is general in nature. Attorneys are unable to ask the questions necessary to fully understand the legal issues faced by any particular poster. Postings and responses to questions only provide general insights on the topic discussed. They are not tailored to any reader’s specific situation, will not be accurate in all states, and are never updated or maintained to reflect changes in the law. No person should take action based on the information provided by anyone on Avvo.com or any other law-themed website without first consulting a local attorney with significant experience in your area of concern. Persuant to Circular 230, no online content may be used by any person to avoid taxes or penalties under the Internal Revenue Code.

Asker

Posted

Attorney Rosenberg, I have provided all the necessary paperwork to the Unclaimed property division. I gave them a copy of the Petitioner's probate certificate. They are not requiring any other documentation. My question is, does the estate need to be reopened and the money distributed to her other children even though my sister and I were the executors of the estate? Thank you so much for your reply.

Asker

Posted

Oops, so Sorry Atty, Rosenberg, I just noticed you said we would have to re-open the estate to distribute the funds. Thank you so much for your reply!! Thanks for all who replies. Much appreciated.

Posted

I willbe honest and state i do not the actual answer. I would suggest contacting the probate acourt where the estate was open and see if the staff had any ideas or shortcuts that might obviate reopening the estate. The original beneficiaries would be entitled to the funds pro rata I would think if you can recover them.

This information is provided for educational purposes and does not constitute legal advice, and no attorney-client relationship is formed. You should retain an attorney to receive legal advice on your particular situation.

Paul H Begemann

Paul H Begemann

Posted

Sorry for the typos.

Posted

Yes-You would have to reopen the estate to distribute the funds as suggested.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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