My mother recently found a considerable amount of unclaimed property/monies left in Texas under her father's name, leaving her the rightful heir. I would feel better if she had an attorney to help her in the recovery process.
Depending on the facts, a probate lawyer may be willing to take the matter on a contingency fee. Many questions must be answered. If her father had a will, was it probated? If he had no will, was she adjudicated to be his heir by a judgment declaring heirship? Is there a administration pending? She should not delay as mutliple deadlines may be running.
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There are not enough facts to determine whether your mother if the heir. Did your father have a Will, if so was it admitted to probate and who received his residuary estate, if no Will did your father have any children with a woman other than your mother? if you want an attorney who will take matter on contingency, you will need to search for one.
Depends on whether the heirs or beneficiaries of her father's estate have been identified. If they have and she is one, she should be able to handle it on her own, otherwise anyone could assist her. If her father's estate has not been settled, she would need a probate attorney to do that. I am sure there are attorneys that would take this on a contingent fee if the facts look good.
If her father had no will, her options are a determination of heirship or a small estate affidavit (if the total assets are less than 50K). You will need to speak with a probate attorney to determine the best option. Some attorneys will take the matter on a contingency basis, depending on the facts. Good luck to you.
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I agree with the others that a Probate attorney is going to be your best bet. It appears that there may need to be an heirship proceeding to prove up the rightful heir or heirs, and that falls under the Probate law.
You need an attorney to help you with this process. It depends on the disposition of his estate and the amount of it. Many lawyers will help you on a contingent fee basis, other bill hourly. Contact a probate attorney in your area and they can assist you
Yes, this is a matter that could potentially be handled on a contingency basis.
Knowledge is power. Hire a professional to listen to all of the facts and help you make informed decisions.
While an attorney is not absolutely necessary, most states make recovering unclaimed funds that belong to an estate fairly complicated. It may also be necessary to probate or administer your grandfather's estate. Your mother would be well advised to hire an attorney. In doing so, if she is going to enter into an agreement to pay the attorney a percentage of the sum recovered from the state, she should make sure that the percentage is not too large. There are plenty of companies that do this for about one third of the sum recovered. In my view, that's too high. Try looking for an attorney who will do it for about 15% of the sum recovered, plus the cost of any fees associated with a probate or administration proceeding. Of course, the 15% I suggest should be negotiated upward or downward depending on how considerable is the "considerable" amount of unclaimed property.
Good luck to you.
Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.
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