• 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.

Deceased account recovery?

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

10011010

Junior Member
If you would have done as I told you to do, you would find the money is not in any financial institution for either of the states mentioned. (Since dad died 11 years ago and the account would not have had any activity since then.) If it exists, where could it be?
I googled escheat last night and went looking for places it could be held by the state. I came up with this web site The Office of the New York State Comptroller - Thomas P. DiNapoli - Office of Unclaimed Funds Search which is the NY state office of unclaimed funds. I followed their steps which were clearly outlined in the video they have posted and I came up with nothing for my self or for my mother. I actually did find something left owed to my grandfather, who also lived in NY his whole life and had passed on after my father, so that was interesting. They had his address, which I cross checked with some old records of his and it was exactly correct, giving credence to that site.

I then tried the same thing in the KY version of the unclaimed funds search through their treasury page, and came up with nothing for either myself or my mother. I eventually stumbled on sites like this one Unclaimed Property and Escheat Law, which has multiple sites listed at the bottom for finding money, with which I could not even find the money the official NY state site said was left to my grandfather nor anything left to myself or my mother in either NY or KY.

Is it possible that it has not been left to the state yet and could still be in control of a bank/financial institution?

Personally, after a cursory review of the company that contacted you, I think they *may* be on the up-and-up. They are offering to perform a service on your behalf and asking for 25% of any funds recovered. There is nothing wrong with that in and of itself. HOWEVER, what they are offering to charge you $2,500 (roughly) for is something that you can do on your own for very cheap (probably free.)

If you think your time to collect the money in question is worth more than $2,500, then maybe it's worth it. I suspect that you would rather collect the full $10k though.
This is exactly what I have come to think over the last couple of days. Also it would seem that this company has to have a certain dollar range for the people that they contact, as if someone was owed even $25,000+ it would be asinine to pay 25% of that or any larger figures really. I would imagine $10,000 is around their average, or they just hope people are dumb.

And yes, literally any way to collect the money with out having to pay more than ~$2,500 would be a more reasoned approach of course.
 


tranquility

Senior Member
Is it possible that it has not been left to the state yet and could still be in control of a bank/financial institution?
It's always possible the bank could be in violation of the law. But, if they are intentionally committing a crime, why would they tell you anything when you go to ask about it?

It's with the state.

If you can't find it with searches on official sites, then I'd take the deal. Before doing that, I'd certainly expand the search to any state where it could be.
 

curb1

Senior Member
How would the financial institution even know that "father" has died? Who told them? Obviously no one in the family told them. If they did know, why wasn't there some communication with family?
 

Zigner

Senior Member, Non-Attorney
It's always possible the bank could be in violation of the law. But, if they are intentionally committing a crime, why would they tell you anything when you go to ask about it?

It's with the state.

If you can't find it with searches on official sites, then I'd take the deal. Before doing that, I'd certainly expand the search to any state where it could be.
And, given that this is "found money" - I don't see any particular urgency. Check ALL states. It might take some time, but even at 15 minutes per state, we're only talking about <13 hours. You could spend a hour a day for 2 weeks and be done.
 

Zigner

Senior Member, Non-Attorney
How would the financial institution even know that "father" has died? Who told them? Obviously no one in the family told them. If they did know, why wasn't there some communication with family?
This doesn't change the answer though...with no activity, the funds would escheat.
 

tranquility

Senior Member
How would the financial institution even know that "father" has died? Who told them? Obviously no one in the family told them. If they did know, why wasn't there some communication with family?
Every state I know has the funds escheat when there is no account activity for a certain amount of time by statute.
 

curb1

Senior Member
I don't believe that a financial institution holding an IRA account would move the assets without any communication with the account holder. Also, there would be a trail of communication with the account holder.

I am pessimistic that this will turn up anything. There should have been more of a paper trail that would have caught someone's attention.
 

tranquility

Senior Member
I don't believe that a financial institution holding an IRA account would move the assets without any communication with the account holder.
Then, you believe wrong. They are required to by law. Most statutes have a duty to attempt notification to the account holder before the funds escheat to the state. But, the bank sends the letter and a reply is not received in the statutory time--they turn it over to the state.

If you look at modern fights over the issue, see the litigation regarding prepaid cards. The states are fighting for the money "left" on them.
 

10011010

Junior Member
It's always possible the bank could be in violation of the law. But, if they are intentionally committing a crime, why would they tell you anything when you go to ask about it?

It's with the state.

If you can't find it with searches on official sites, then I'd take the deal. Before doing that, I'd certainly expand the search to any state where it could be.
I just got off the phone with the NY state office for unclaimed funds and they looked up my father based on the last four digits of his social security number, and it turned up nothing. In the next post I am going to post the contract I just received from them, but with my extremely limited knowledge of legal forms it doesn't look to bad.

I don't believe that a financial institution holding an IRA account would move the assets without any communication with the account holder. Also, there would be a trail of communication with the account holder.

I am pessimistic that this will turn up anything. There should have been more of a paper trail that would have caught someone's attention.
While talking to the unclaimed funds lady she mentioned that it could take longer than 5 years to escheat for an IRA, which apparently is what the account is.
 

Zigner

Senior Member, Non-Attorney
I just got off the phone with the NY state office for unclaimed funds and they looked up my father based on the last four digits of his social security number, and it turned up nothing. In the next post I am going to post the contract I just received from them, but with my extremely limited knowledge of legal forms it doesn't look to bad.



While talking to the unclaimed funds lady she mentioned that it could take longer than 5 years to escheat for an IRA, which apparently is what the account is.
Did your father die 5 years ago, or 11 years ago (as you stated in your original post?)
 

Find the Right Lawyer for Your Legal Issue!

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