Q: My legal-custodial parent which was my aunt died 13 years ago, has unclaimed funds, I am the only surviving child/kin
Her shady husband sold her house but he later died in 2014 (they were separated 30 yrs). She has unclaimed funds; am I able to claim due to her being my legal parent and only surviving child of hers, however, he has other children outside the marriage? she did not acknowledge his outside children but could they be entitled to my mothers unclaimed funds?
A: To get the funds, you need to open an estate proceeding. What kind depends on the amount. If the amount is small, it is not worth it. I am not sure of your status. Legal guardian is not a parent. You need to be adopted by a formal order to have a right to these funds. If alive, the husband may have priority.
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A: Any property that your aunt left following her death would need to be distributed through either a probate proceeding, if there was a Will, or administration proceeding, if there was no Will. Since her husband died and there are no children or grandchildren, brothers and sisters would be next in line (assuming her parents have passed). If the siblings are gone, their children would be next. I assume that includes you. If the unclaimed assets are significant, you should contact an attorney to explore this further.
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