Unclaimed property

[KJ1]

What is the name of your state? Michigan

I am requesting information from the US Treasury to find out if I am eligible to claim unclaimed property that is in my mothers name. They want to know if I am a legal representative. If so, they ask for paperwork showing that the appointment of the legal representative is still in "full force". My sister was the guardian/conservator.

My mother passed away May, 2002. Is there an automatic time limit that my sister would stop being considered the "legal representative in full force"? Once my mothers estate has been settled does that end my sisters appointment of legal representative? I would like to know if I have the right to claim the property if my sister is no longer considered the "legal representative".

 

[Dandy Don]

Did your mother leave a last will and testament that was probated? If any probate was done at all, then the administrator or executor is the person that would have a document called letters testamentary, issued by the court, that gives the administrator/executor authority to claim any and all assets, and it is the letters testamentary (a certified copy) that the unclaimed property office and/or US Treasury is looking for.

If your mother did not have an estate that was probated, consult with a local attorney to find out whether and how you could claim letters testamentary just for the purpose of claiming this asset. What is the asset and what is its value?

DANDY DON IN OKLAHOMA ([email protected])

 

[KJ1]

Thank you for your answer Don. I live in Virginia...hiring a lawyer in Michigan would be quite costly for me. I was told that "probate" means you go to court...however a probate agreement was made without going to court. The agreement states that anything found after probate that was in my mothers name alone would be divided between the 3 siblings.

I have found bonds that are no longer earning interest as well as undeliverable savings bond interest. I can't find out their worth because they are not in my name. I have also found dividends and possibly stock issued to my mother due to demutilization of MetLife.

My sister forged my name to take me off a JTWROS stock account worth over $450,000.00 During probate I received my share, but that is the sort of thing my sister has been doing.

I would love to avoid her receiving anything else.

Thank you,
Kris

Did your mother leave a last will and testament that was probated? If any probate was done at all, then the administrator or executor is the person that would have a document called letters testamentary, issued by the court, that gives the administrator/executor authority to claim any and all assets, and it is the letters testamentary (a certified copy) that the unclaimed property office and/or US Treasury is looking for.

If your mother did not have an estate that was probated, consult with a local attorney to find out whether and how you could claim letters testamentary just for the purpose of claiming this asset. What is the asset and what is its value?

DANDY DON IN OKLAHOMA ([email protected])

 

[Dandy Don]

She tried to steal from you, but was unsuccessful in doing so, and now you are going to try to cheat her out of what is rightfully hers? That is also wrong. How could an attorney be costly when he is only going to deduct his executor fees from what is in the estate?

If there was a previous executor who handled things before, that is the person to contact to handle these current items to now be split equitably between all siblings.

DANDY DON IN OKLAHOMA ([email protected])

 

[KJ1]

Don,

The mention of the forged signature was a small part of what she has done. She did cheat my brother and I out of a lot of money. She took advantage of our mothers alzhiemers (sp?) and had everything put in only her name rather than "share and share alike" as our mom wanted....and had in her first will. This means E bonds, H bonds, CD's, her house, everything in her house, other stock accounts, bank accounts, etc.

But you are right, my actions aren't right either. However, I see my action as a way to try to even things up just a little.

The estate has been closed for 3 years now. I did hire a lawyer in Michigan. I had to pay the long distance phone bills, the cost of the fax's, his bill, as well as I wasn't there to check up on him. After the estate was closed, he told me how he had drinks with my sister and her husband the other night. They were acquaintances and I didn't know till after.

Kris

 

[Dandy Don]

So hire A DIFFERENT attorney to handle this, and find out if a statute of limitations applies to whether you can sue sis now for abuse of POA if she used it to change beneficiary designations to her name only. And ask more than one attorney what the official percentage rate for executors is so that you won't be overbilled more than the legal rate.

DANDY DON IN OKLAHOMA ([email protected])