Does an attorney need to get involved with this claim?

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.

Uncasville, CT -

Attorney Answers (3)

Scott D Rosenberg

Scott D Rosenberg

Probate Attorney - New Haven, CT
Answered

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-... more
Sponsored Listing
Paul H Begemann

Paul H Begemann

Probate Attorney - Hamden, CT
Answered

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... more
Joseph Franklin Pippen Jr.

Joseph Franklin Pippen Jr.

Estate Planning Attorney - Largo, FL
Answered

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... more

Related Advice

Questions? An attorney can help.

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