Peabody, MA asked in Probate for Massachusetts

Q: Family probate question

My great uncle passed away in '06. His brother, my other great uncle became the sole heir & executor of the estate . Subsequently, he passed away in 2009. Recently, I discovered online that there is about $3,400 of unclaimed money being held by the state . The state told me I need to become the new executor of the estate . Does this sound correct ?

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1 Lawyer Answer
Peter C Herbst Jr
Peter C Herbst Jr
  • Probate Lawyer
  • Braintree, MA
  • Licensed in Massachusetts

A: If the $3,400 of unclaimed property belongs to the Estate of your Great Uncle that passed away in 2006, the Executor, now called a Personal Representative, of that Estate would need to file the claim paperwork. Since the original Executor passed away someone with priority of appointment under the statute, or by Will, would need to petition to be appointed successor. You should have an attorney review everything to make sure this is all correct because you don't want to spend time and money going down one road only to find out you should have pursued a different course of action.

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