If I found unclaimed property on the texas unclaimed property website, under my maternal grandfathers’ name, how is it to be split?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I found unclaimed property on the texas unclaimed property website, under my maternal grandfathers’ name, how is it to be split?
He has a probated will stating that everything be divided equally to my 3 brothers and I. However, 2 of my brothers have passed away. 1 that passed away left behind a widow and a child under the age of 18 years old. Does that mean that the money will be split between the widow and the child as well as my living brother and I?
Asked on September 1, 2015 under Estate Planning, Texas
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The split will depend on how your state treats deceased siblings at the same level i.e., whether a portion will go to your niece and sister in law or if it will solely go to you.  First and foremost, however, you will need to contact the abandoned property division and present documentation certifying the probated will and the proper beneficiaries.
You may need to reopen probate or review the documentation in the probated will to see if it mentions anything like a catch-all or residuary.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.