Birmingham, AL asked in Estate Planning and Probate for Alabama

Q: In order to receive my deceased father's unclaimed property my brother has to fill out the same paperwork I did. Why?

In the state of Alabama the unclaimed property that was my deceased fathers would go to me and my brother and I've already turned in the documents needed for the claim of the unclaimed property and yet the redundancy is ridiculous of having to turn the same paperwork in multiple times and then being asked to have my brother fill out the same documents I've already filled out in order to get the claim of the property. If this doesn't happen then it will be donated to the state and that's not fair when I've already shown that this is my property and my brother's property if anything there should be partial claim where if he doesn't do it his part then that's on him but half of it is mine I did my part

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: I understand how frustrating it can be to go through the same paperwork multiple times, especially during such a difficult time. In Alabama, both you and your brother are considered separate claimants to your father's unclaimed property. This means each of you must individually verify your right to the property to ensure that all legal requirements are met.

The state requires each heir to provide their own documentation to prevent any potential fraud and to clearly establish each person's entitlement. This process helps ensure that the property is distributed fairly and according to the law. Even though it feels redundant, completing the paperwork separately is a necessary step to protect everyone's interests.

If you're concerned about the redundancy or the possibility of the property being donated to the state, it might be helpful to reach out directly to the Alabama unclaimed property office for more specific guidance. They can provide detailed information on the requirements and possibly offer assistance to streamline the process for both you and your brother. Additionally, consulting with a legal advisor could help clarify your rights and explore any options for joint claims if that’s a possibility.

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