Q: Guidance on pursuing unclaimed property of deceased Great Aunt in Missouri.
I'm seeking guidance on pursuing the unclaimed property of my deceased Great Aunt, who was born on July 18, 1906, and died on October 2, 2009, in Missouri. There are five files indicating amounts "Over $50." My sister and I are the known heirs, although she had other potential heirs, including a brother and his children. I have already claimed the files and have no documentation or knowledge of a will. This is my first time consulting legal professionals on this matter.
A: You should make your unclaimed property claim through Missouri State Treasurer. If there is property that and you need to establish your right to it, you should contact an attorney to file a Small Estate Affidavit or Petition to Determine Heirs with the Probage Court in the County where your Grant Aunt died. The closest level of heirs (relation) will be the level entitled to inherit. A Small Estate Affidavit is appropriate for estate property $40,000.00 or less. Otherwise, the proper vehicle would be a Peition to Determine Heirs since it has been more than one year since she passed away and a regular probate estate can only be commenced within one year follow the decedent' death. You should make sure that you are actually closest in kinship to inherit and then try to determine the value of the asset. My thoughts are that it would not be worthwhile to file any kind of probate proceeding unless the asset is worth several thousand dolllars so that you can justify the attorney's fees and costs.
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