Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

NY - Mom had no will, money found - how to claim? Long drama r/o.. New York

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • NY - Mom had no will, money found - how to claim? Long drama r/o.. New York

    My mother passed away some time ago. You'll probably see my other thread on this board. Long story short. My family claimed she had alot of money. My stepfather claimed she had none and that she did not have a will but would go to probate for what she had and told me that my brother and I would get letters in the mail disclosing the amount. My brother and I never ended up getting letters and he ended up fleeing the country for a year. I am assuming that he took everything (since her lawyer was his best friend) and split. He is back in the U.S and now living at a house in FL she bought (basically for my brother and I to use as a vacation home) but since there was no will, he claimed it and now lives there. I never fought any of this, just accepted what happened.

    Now on the internet I found that my mom has unclaimed funds in stocks that are sitting there waiting to be claimed. I would really love to claim these and split the amount with my brother since we basically got screwed. The site claims that the heir must fill out the claim form. Since she had no will, do my brother and I qualify as heirs by default? I'm sure my stepfather does too but does he get the first rights over us? I also do not even trust that she didn't have a will. If she did, would it be public record? I don't know how to go about this when the lawyer and step father are in cahoots with each other.

    Can anyone give any advice?

  • #2
    Originally posted by puritymadesimple View Post
    My mother passed away some time ago. You'll probably see my other thread on this board. Long story short. My family claimed she had alot of money. My stepfather claimed she had none and that she did not have a will but would go to probate for what she had and told me that my brother and I would get letters in the mail disclosing the amount. My brother and I never ended up getting letters and he ended up fleeing the country for a year. I am assuming that he took everything (since her lawyer was his best friend) and split. He is back in the U.S and now living at a house in FL she bought (basically for my brother and I to use as a vacation home) but since there was no will, he claimed it and now lives there. I never fought any of this, just accepted what happened.

    Now on the internet I found that my mom has unclaimed funds in stocks that are sitting there waiting to be claimed. I would really love to claim these and split the amount with my brother since we basically got screwed. The site claims that the heir must fill out the claim form. Since she had no will, do my brother and I qualify as heirs by default? I'm sure my stepfather does too but does he get the first rights over us? I also do not even trust that she didn't have a will. If she did, would it be public record? I don't know how to go about this when the lawyer and step father are in cahoots with each other.

    Can anyone give any advice?
    If a person dies in NY without a will (intestate), assets will be distributed:
    Surviving spouse –A surviving spouse is generally first in line to get any assets from an intestate estate, but the amount that he or she is entitled to varies as follows:
    If there are no surviving issue (children, grandchildren, great-grandchildren), a surviving spouse gets the entire estate.
    If there are surviving children, a surviving spouse gets the first $50,000, plus one-half of the remaining property in the estate.

    If your Mom had a will (you didn't trust that she didn't have one) & it was submitted for probate, you would check with the probate court in the county in the state (assume NY) where your Mom died. It's a public document & anyone can see it or get a copy for a fee. However, generally there is only a certain period of time when you can "contest" a will once payments have been made with some exceptions.

    Definitely, if there was no will & "maybe" even then depending on what the will said, you & your brother would be heirs, as would your stepfather, to the unclaimed funds in stocks.

    You & your brother might want to hire your own lawyer to help you obtain/protect any assets that should be yours. They can also answer any questions you might have.

    Good luck to you & your brother getting any assets that you might be entitled to.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment

    The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
    Working...
    X