Q: Dad died 20 years ago. I Discovered $10,067 TN Unclaimed Site. Will not release over 10K. Can I circumvent Probate?
TN Unclaimed states that over $10,00.00 they must reopen Probate Court & contact all family. $10,067.00 from unknown Life Insurance. Father's will left property, real estate, money to me (Son) & (1 Grandson). Second Son (my brother) was basically omitted from the will. Second Son sued in an attempt to get something. Father's Wife (my Mother) was alive but in a nursing home. Several years before my father, terrified of going broke, tied up everything into a trust that paid him monthly and allowed Wife to be covered by Medicare. When the case went to court the judge ordered all property be sold and money already paid out to be returned. Wife was removed from Medicare & funds transferred to Court Executor. Executor reimbursed Medicare. Wife passed 10yrs later. Approximately $300.00 left in the account. Can unclaimed be reduced to $9,999 to avoid probate? I worked full time and took care of parents in their home for two years. Can I claim the money & prevent its widespread distribution?
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A: I would recommend hiring a competent attorney to file a Small Estate Affidavit. The Trust may have messed up the Insurance. Be careful about what County you file in. Only other alternatives is to record an Affidavit of Heirship, and either ask or/and sue the Treasury for the money. It might be possible to even sue in Civil General Sessions.
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