Affidavit of heirship
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Affidavit of heirship
My father left unclaimed securities. I have several siblings, three of which I, or my other siblings, have no idea if they are alive or where they are. What happens if I don’t list them? My father left no will; he died in 1997. I was the beneficiary on his life insurance, etc., but he must have forgot about these securities that I found. California is holding in unclaimed money/property.
Asked on June 29, 2009 under Estate Planning, Nevada
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I am neither admitted in Nevada or California. In a Probate Court proceeding, an Affidavit of Heirship is usually written by someone with intimate knowledge of your family, like a close family friend or relative. It is not usually written by next of kin of the decedent and the Court can be very picky as to who can write it. It is a sworn affidavit (i.e., under penalty of perjury).
You, I assume, are writing it or filling in the blanks under the unclaimed property laws and under the California Probate Code. It is still signed under penalty of perjury. You should seek legal counsel for a consultation as to how to handle this. Maybe a Small Estate Proceeding where one of you is appointed Administrator of your Father's Estate and publish the necessary documents to find your siblings or at the very least give the requisite Notice requirements under most state laws? Unfortunately, it is not as easy as you may have thought. Good luck.
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.