Search state government database for unclaimed property
For a thorough search, you should check the state government database for any state in which the deceased lived or did business. You can find state databases by searching “unclaimed funds database” and including the name of the state you're looking for.
You can find out if the wills have been recorded in the probate court clerk's office of their residence at the time of their death. You can contact the clerk's office and request a copy of their wills.
While there is no hard and fast guide, there are a few guidelines you can go by. In a typical probate case, you should expect the process to take between six months and a year. You should make your plans accordingly, and not make any major financial decisions until you know the money is on its way.
If they used a Will, then it is the executor who should be notifying you, generally within a few months of the death. If they used a Trust, then it is the trustee who should be notifying you. The timeline is much shorter. California laws, for example, require that beneficiaries are notified within 60 days of the death.
It's important for beneficiaries to keep in mind the ways an executor cannot override a beneficiary. For example, an executor cannot change beneficiaries' inheritances or withhold their inheritances unless the will has expressly granted them the authority to do so.
If your situation meets the required elements for a legal claim, you absolutely can. In California, intentionally interfering with another person's expected inheritance is a tort (a civil wrong, which allows a person to sue another person in court, assuming the elements are met).
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.
www.unclaimed.org is the website of the National Association of Unclaimed Property Administrators. This is a legitimate site created by state officials to help people search for funds that may belong to you or your relatives. Searches are free.
You will also need to check that you are indeed named as a beneficiary in the will. You can request a copy of the will from the executor(s) or the probate registry (where a grant of probate has been applied for and granted) to confirm your entitlement.
The probate court and state government will first try to find an heir. But if they can't, there are a few places where unclaimed money and other inheritances can end up. First, each state government runs an unclaimed property agency. It holds onto this property until it can find an appropriate heir.
Your first step, if you believe you may have inherited through someone's will or by intestacy, is to examine the records of their probate case, which you can do through the Probate Court of the county in which they lived at the time of their death.
Check With the County Courthouse
Contact the probate courts of EACH county in which the decedent lived throughout their adult life to ask if they have the will on file—even if it was filed many years ago.
In Summary. In short, here are the three ways you could be disinherited: (1) full disinheritance, (2) retaining your inheritance in trust with a hostile trustee managing it, or (3) a reduced share that forces you to make a tough decision.
What Do I Do If I Was Cheated Out of My Inheritance? If you have been cheated out of your inheritance, the first thing you should do is consult with an experienced attorney. Inheritance disputes can be complex, and it is vital to have legal representation to protect your rights.
Inheritance hijacking can be simply defined as inheritance theft — when a person steals what was intended to be left to another party. This phenomenon can manifest in a variety of ways, including the following: Someone exerts undue influence over a person and convinces them to name them an heir.
Inheritance hijacking is the term that describes a type of theft. It can occur when one or more people steal an inheritance that was intended to be left to someone else. This type of theft happens more often than you think. It can happen when someone steals assets not left to them in a Will or Trust.
An heir can claim their inheritance anywhere from six months to three years after a decedent passes away, depending on where they live. Every state and county jurisdiction sets different rules about an heir's ability to claim their inheritance.
Executors do not possess the authority to alter or alter beneficiaries named in a will once it has been legally validated; beneficiaries named are bound by their inheritance rights as specified, and executors must adhere strictly to the instructions contained within the will when managing and disbursing estate assets.
In order to leave your estate to someone other than your family, you need to make your wishes known in writing. Some assets, such as life insurance, bank accounts, or retirement account, can be passed on by designating a beneficiary.
How to Find Out If You Have Unclaimed Inheritance. The National Association of Unclaimed Property Administrators (NAUPA) is a governmental organization with the purpose of returning unclaimed assets to their rightful owners, including inheritances.
California is a community property state, meaning that half of the assets acquired during a marriage automatically belong to the spouse. As a result, you cannot disinherit a spouse entirely, as they are entitled to their share of the community property.