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Unclaimed Property

Discussion in 'Estate Administration & Probate Court' started by Meekah, Jul 18, 2019.

  1. Meekah

    Meekah Law Topic Starter New Member

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    My Grandparents died over 10 years ago we recently discovered 2 unclaimed life insurance polices. In order to claim them we need court documentation. I contacted the court where they lived and was told my uncle was listed as the only heir. Problem is he is strung out on drugs but we need him in order to claim this money is there any way possible we can claim these policies without him? On a side note my mother and uncle are not their biological children they adopted my uncle legally and my mother and others were just foster children. When they died however she was POA I know that's null and void after they passed. Any advice would be useful
     
  2. Zigner

    Zigner Well-Known Member

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    If the person is adopted, they ARE the legal child of the adopting parent - biology is irrelevant at that point.

    If your mother was never adopted, then the two people who passed away are not your grandparents, legally speaking. It sounds like the folks who passed over 10 years ago only had one living heir, and that living heir is the person who is entitled to any unclaimed property that may have escheated to the state. You have no claim to it.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    The proceeds of a life insurance policy are payable to the beneficiary listed on the policy. If that listed beneficiary is still alive then it's the listed beneficiary that gets the money.
     
  4. Zigner

    Zigner Well-Known Member

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    I agree. My response above was based on the time-frame involved and the fact that any money would likely (should likely) have escheated to the state by now. The OP should clarify.

    EDIT: In any case, the OP is not entitled to any property (of any nature, including money) owned by or due to the two deceased persons, unless it was specifically bequeathed to her.
     
  5. zddoodah

    zddoodah Well-Known Member

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    No. According to you, the people whom you refer to as your grandparents were not, in fact, your grandparents. You told us that these folks fostered your mother, which means your mother wasn't their child, so you're not their grandchild. Accordingly, you have no more entitlement to anything than I do. Sorry.
     
    Zigner likes this.

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