# Advice Please, Unclaimed Money from Father in Law



## fureverywhere (Oct 1, 2016)

Basically there was a newspaper legal announcement of local names with unclaimed funds. One of my mother in laws old friends went so far as to hang the list on our front door. I went into the computer site and there were three different cases connected with my father in law.

The first piece of mail came today. They need a notarized proof of life or a death certificate. The estate itself isn't settled and I know my husband's brother would throw his siblings under a bus for five bucks. I want US to have the found money. Jeez they're trying to sell the house out from under us, we could sure use it.

Hubby is afraid his brother will somehow find a paper trail and go ballistic. If the money gets added to the estate I know his brother is going to grab the biggest bite for himself by any means needed. Thoughts?


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## Aunt Bea (Oct 1, 2016)

I would say take the high road and include it in the distributions of the estate.


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## Butterfly (Oct 1, 2016)

Is it a lot of money, Fur?


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## fureverywhere (Oct 1, 2016)

Oy to me $6000 plus is a lot. If I were to outlive my husband before the estate is settled it goes between the surviving brother and sister. I have claim on nothing. I would instantly be a homeless widow. My son works for minimal pay and my girl gets SSI, both will be dependent on me for some years to come. Having our own nest egg would be a drop in the bucket...but better than nothing.


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## SeaBreeze (Oct 1, 2016)

Tough call Fur, I think I'd lean with what Aunt Bea suggested.


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## fureverywhere (Oct 2, 2016)

Okay another question...The original will named my husband as executor. The will they fabricated to replace the first one names his brother as executor and his wife as executor if he dies. It's been pointed out that that is a strange arrangement. His wife is not a blood relative and they have no children

Is there any legal recourse that would name me in getting my husband's share of the estate if he passes away before it's settled?


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## Falcon (Oct 2, 2016)

Fur,  Were I you,  I'd somehow seek legal advice.  This amount of money is nothing to be sneezed @.


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## bluebreezes (Oct 2, 2016)

For your first question, I also agree with Aunt Bea that everything should be included in the probate filing for the estate. You don't want to incur legal bills later for withholding anything.

Remember too all our posts here on this forum are readable by the public, i.e., folks without registered accounts here. If your husband's brother happens to know you have an account here, he might be able to figure out your username and read all of your posts.

For your second question, that's a more complicated legal question that you'd want ask on a legal forum (legalzoom.com is one source but there are others you can search for), especially since states have different laws for these kinds of issues.


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## fureverywhere (Oct 2, 2016)

Thank you for the advice folks. I'm not worried about this being read. My husband's brother is more than twenty years younger.


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## jujube (Oct 2, 2016)

fureverywhere said:


> Okay another question...The original will named my husband as executor. The will they fabricated to replace the first one names his brother as executor and his wife as executor if he dies. It's been pointed out that that is a strange arrangement. His wife is not a blood relative and they have no children
> 
> Is there any legal recourse that would name me in getting my husband's share of the estate if he passes away before it's settled?



Did the first will say that the survivors of either brother would get his share if he dies before the settlement or did it say that everything would go to the surviving brother?  If the first will said that and the second will did not say that, your only hope is to go to court and prove that your father-in-law wasn't in his right mind at the time of the signing of the second will and that he was "coerced" into signing it.  Very hard to prove, unfortunately.


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## fureverywhere (Oct 2, 2016)

I believe the brother may have written the "new" will after the old man died. Really, apparently the Virginia courts are a bit crazy. They allowed that brother to get custody of my eldest daughter. All they had to do was say I was deceased. It took me several years to prove I was still very much alive. No death certificate needed and they'll take your word.

Am I bitter? I believe in strict gun control. Give me a sniper rifle and a clear shot...wouldn't be pretty.


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## Butterfly (Oct 3, 2016)

fureverywhere said:


> Okay another question...The original will named my husband as executor. The will they fabricated to replace the first one names his brother as executor and his wife as executor if he dies. It's been pointed out that that is a strange arrangement. His wife is not a blood relative and they have no children
> 
> *Is there any legal recourse that would name me in getting my husband's share of the estate if he passes away before it's settled?*



It's not unusual for people to name unrelated people as executor.  Frequently it's an attorney or a trusted friend. 

It all depends on how the will is written.  The deceased can leave his estate to anyone he wants, and any way he wants.

Why have they waited so long to settle the estate?


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## Buckeye (Oct 3, 2016)

I'd guess that, once a death certificate is filed, the state will only pay to the deceased's estate or to the executor of the estate.


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## fureverywhere (Oct 3, 2016)

Why have they waited so long to settle the estate?

All three siblings could be characters on "Game of Thrones"...does that answer the question somewhat?


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## fureverywhere (Oct 3, 2016)




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## Butterfly (Oct 3, 2016)

fureverywhere said:


> Why have they waited so long to settle the estate?
> 
> All three siblings could be characters on "Game of Thrones"...does that answer the question somewhat?



I haven't watched the game of thrones, so not really.


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## fureverywhere (Oct 3, 2016)

Torture, extreme violence, bloodletting, incest, murder and dragons...my in-laws put the D in dysfunctional families. But sometimes you have to reach into the dark places to find something to smirk at.


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## OneEyedDiva (Oct 15, 2016)

I agree that you should consult an attorney. If you don't have the money perhaps legal aid can help you. And if they did something fishy with the will, maybe that will disqualify them if it can be considered fraud. This is something an attorney should know.


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