Q: My uncle passed away in 2013. He had no will and was insolvent at the time of his death. He has one sister still
living. I handled his funeral as per her request as she lives out of state. We have since been contacted by several companies concerning "found money" in his name. They have asked for her information, the nieces and nephews, cousins and other distant relatives. Isn't she the only one who would receive said funds as she is the only surviving immediate family member? Would it need to be split up between any distant relation as well?
A: These companies will ask for as many relatives as possible to get a fee to help them get the money. Most likely if he wasn't married and did not have any children and his parents are no longer alive, it would go to his sister under Florida Law. His sister may be able to apply for the found money herself or with the assistance of her attorney without paying the fee these companies want. Google found money or missing money and get links for the various states that post information, Florida being one of them.
A: She should speak with a probate attorney to represent her in the probate proceedings. The court will need to determine the beneficiaries are so she will need to disclose any living close relatives.
A: A probate case needn't be filed if the uncle left no property (other than the possible "found money").
A: This is a scheme these companies use to get a percentage of money and refund that have been turned over to the state. Things like deposits and other things that may qualify based on how much time has passed, the type of asset and so forth, at some point they turn it over to the state. Instead of paying these people you can look on the state sites yourself and see if anything shows up in the various states where your uncle lived. There could be bank accounts, life insurance or other assets of some type. If money is discovered you may be able to apply for it or if it is a lot you may want to consider trying to do a probate. In most instances you are talking about a few hundred dollars, but at times it can be substantially more that has been turned over to the state.
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.