Q: What court order do I need to claim an unclaimed inheritance?
My father was left money from and aunt. He did not claim it and he has since died. The county finance department says I need a court order to claim it. I am his daughter and I have no idea what I need to do. The amount is less then $6000.00.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (931) 250-8585
- View Profile
- Answered
A:
You may or may not need a court order. It depends on what else was in your father's estate when he died, and you are going to need to get it in his name if it is not in his name already. (It is unclear what you meant by "he did not claim it".) A California probate attorney can help you sort through this. You might be entitled to other items in your father's estate as well.
I am licensed in AK, AZ, CA, CO, OR and TN.
James Edward Berge agrees with this answer
A: You might need letters testamentary from a probate court in order to claim what previously belonged to your father. You might however be able to avoid the need for a probate court order if the sum total of your father's estate is under $150,000 by the filing of a small estate affidavit with the county under Cal. Prob. C. Section 13100. If you have specific questions, you will need to talk to a probate attorney. I am a probate attorney and I am licensed in CA.
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.
