To find out if you were left an inheritance, search state unclaimed property databases (MissingMoney.com or Unclaimed.org) and check probate court records in the county where the deceased lived. You can also contact the executor of the will, search for legal notices, or use a "finder" service to locate forgotten assets.
Start with National Databases
Typically, all you have to do is input a name and address in a simple search portal and see if it yields any results. A great place to start is the above-mentioned NAUPA website, with its self-explanatory URL: www.Unclaimed.org. It provides an interactive map of the United States.
If you're not sure you were named as a beneficiary in someone's Will, check with the probate court in the county where the decedent lived. Since it is a public record, you can request to see the Will's filing. If you find your name as a beneficiary, contact the executor.
How to Determine Entitlement to an Inheritance
In a nutshell:
With a will, you might have a claim against the executor(s) if your inheritance was spent or distributed elsewhere. The specific terms of the will play a significant role. In intestacy cases, you might have a claim against the administrators.
Once the executor of the will has applied for Probate (the legal and financial processes involved in dealing with the assets of a person who has died), the will becomes a public document and you can obtain a copy of it to check if you are a beneficiary of the estate. “
A few years back, the State of California recognized a new type of legal right called intentional interference with an inheritance. And this is something that you can bring – a lawsuit you can bring in civil court and you can sue a person who wrongly interfered with your inheritance.
You're typically notified as a beneficiary by the estate's executor via formal written notice during probate, but sometimes informally by family; for life insurance, the company tries to track you down after being notified of the policyholder's death, though it's best to know beforehand, ideally if the policyholder told you. Banks won't give information until the account holder dies, as you have no legal interest beforehand.
Generally, collecting straightforward estate assets like bank account money will take between 3 to 6 weeks. However, there can be more complexities involved with shareholdings, property and some other assets, which can increase the amount time it takes before any inheritance is received.
This can take various forms, from blatant theft and fraud to manipulations and undue influence exerted on the deceased to hiding assets from estate inventory. Essentially, inheritance theft refers to someone wrongfully taking your inheritance, even if it is indirect.
To find a lodged will: Contact the Probate Court: Reach out to the probate court in the county where the deceased lived. Provide Necessary Information: Supply the court with the deceased's full name and, if possible, the approximate date the will may have been lodged. This helps the court locate the record quickly.
In general, beneficiaries are notified within three months of the date that the Will is filed with the probate court. Beneficiaries of a Trust document are notified much sooner.
According to the U.S. Securities and Exchange Commission, the time limit on claiming your inheritance varies from state to state. California's Unclaimed Property Law, for example, states that a financial asset is considered abandoned after three years.
Trustees and executors cannot hide assets. California law requires them to gather, safeguard, and report all estate or trust property.
Speak to the executor
You will typically be told by the Will executor if you are a beneficiary. It is part of their duties to ensure the beneficiaries of the Will are informed and to ensure that they receive the assets left for them by the deceased.
Yes, beneficiaries are legally required to be notified, typically by the executor or trustee, once an estate enters probate or trust administration, usually within a few months after the death, though timelines vary by state and estate complexity. While the person creating the will isn't usually required to tell beneficiaries beforehand, it's recommended; the executor must send formal notice about the death and their role in the estate.
An executor has obligations to inform the beneficiaries under the Will of their entitlements. If you are a beneficiary under a Will and you are not adequately informed of your entitlements, the laws in Victoria and NSW grants you specific rights to acquire information about the Will and your entitlements under it.
A Beneficiary need not know about a trust of which he or she is a Beneficiary, and neither the Settlor nor the Trustee (if the Settlor waived the requirement for the Trustee to keep the beneficiaries informed) needs to inform the Beneficiary of the existence of the trust; but if the beneficiary finds out about it and ...
Apply to the court: As a last resort, beneficiaries can apply to the High Court to compel the Executor to act or even seek their removal if they're failing in their duties.
The easiest way to learn if you are a life insurance beneficiary is to talk to the policyholder if they are still alive. They can tell you whether you're a beneficiary and provide information necessary to claim the death benefit when they pass away.
Inheritance theft can be a very real problem for people who inherit money, property or other assets. If you're set to receive an inheritance or have received one that was stolen from you, it's important to understand what legal rights you may have for getting those assets back.
The "7-year inheritance rule" (primarily a UK concept) means gifts you give away become exempt from Inheritance Tax (IHT) if you live for seven years or more after making the gift; if you die within that time, the gift may be taxed, often with a reduced rate (taper relief) applied if you die between years 3 and 7, but at the full 40% if you die within 3 years, helping people reduce their estate's taxable value by giving assets away earlier.
Losing an inheritance is a situation no beneficiary wants to face, yet it happens more often than people realize. Whether through legal disputes, financial missteps, or overlooked details in estate planning, a beneficiary can lose inheritance due to various factors.