Bronx, NY asked in Estate Planning for New York

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?

Related Topics:
2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

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.

1 user found this answer helpful

Benjamin Z. Katz
Benjamin Z. Katz
PREMIUM
Answered
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

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.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.