• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

unclaimed property and stocks

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

lcockerham

Guest
What is the name of your state? Alabama
My father died in 1987 leaving all assets to my mother. In 1999 my mother died leaving me her assets and naming me exectutor of her estate. I inherited stocks in my father's name. Also, I recently claimed unclaimed property. The bank won't cash the checks for the unclaimed property. I am having difficulty changing the name on the stock certificates. My father's estate was not probated. My mother's estate was probated. What can I do to get control of these assets?
 


Dandy Don

Senior Member
Whose name is shown as payee on the checks from the unclaimed property dept.?

Since no one served as your father's executor/administrator, you will need to file paperwork to open up a probate proceeding just to handle whatever assets remain (the stock) and you will apply to be administrator (NOT executor, since executor is used only when there is a will). You will receive, soon after filing, official papers from the court (called "letters testamentary") that will give you official, legal authority to claim all assets that are left that belong to your father. After you show these papers to the bank, they will have no problem cashing these checks for you.

You would also present these papers to the stock brokerage house that is presently handling your father's stocks, and you would then notify them that you are interested in selling the stocks and the check would be sent to you.

How much are these stocks worth today?

DANDY DON
 
D

danland29

Guest
Ive been there

I had and am having same problem, but if you are the executor, you should get an attorney, you must file papers at your courthouse and you will be legally the independent successor, that is how you cash them or change them to your name. Until you do this you cant cash them, the courthouse will give you documents proving your the independent successor and then you will have complete control.
GO TO www.lawguru.com and it is better site and you can ask questions to attorneys in your own state.. When you hire an attorney, PLEASE make sure you demand to see all copies of any correspondence copies of any phone bills and charges, and watch them like your life depends on it! Cause it does.......... I found an attorney at findlaw.com and for the first time in 6 years of my moms death someone listened. BE CAREFULL and good luck...
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top