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My remaining parent died in 2002, and they had their will set up as a Family Ltd Partnership. Remaiming survivors is myself and
Lorain, OH
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Posted 2 months ago in Estate Planning
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a sister that no one has heard from in over 25 years. I was handed my half of settlement of $32,000 and the other check for my "sister" was put in the Attys desk. I have tried to find out where my sister is, or if she is even alive. The Ohio atty that handled this issue said he would not handle that part. So, somewhere in Lorain Ohio there is a check for $32,000 in my sisters name. I have been to a few attys here and they said they wouldn't touch it. It has been over 7 yrs now, and It is still unresolved. Do you have any advice as to if I am able to claim these funds, if I can find out where these funds are being held, or any other pertinant information as to what can I do with this mess? Thank you, CSML
Answers (1)Steve Fromm
This attorney is licensed in Pennsylvania.
Posted 2 months ago.
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First, you need to contact the attorney who handled the estate to find out whether he is still holding this money in his escrow account. If he still has the money, you need to insist that he petition the probate court in some fashion to declare your sister presumed dead. (You may need to do an extensive search or hire someone to resolve the status of your sister.) This will allow for the funds to be disbursed pursuant to the will or trust as if your sister were dead, which would allow a disbursement of the funds.
If he does not have the funds, these monies should have been escheated to the State of Ohio by this attorney. If he cannot account for the funds, you should immediately contact the state bar association and the ethics division for Ohio. You need to attend to and resolve this matter now. It has dragged on too long and the chance for foul play and making a bad situation worse is now much greater.
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