What to do if my father unexpectedly passed away 6 years ago with no Will that I’m aware of?
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What to do if my father unexpectedly passed away 6 years ago with no Will that I’m aware of?
I am his only next of kin. He was an executive at a very successful company, but the company went bankrupt. However, last year dividends were paid out. The company is saying I need a probate inorder for the money to be placed in my name. Its not a lot of money (approx. $5,000) but I’m wondering if it will be worth me going through the motions to prove I am his next of kin. Or is there a way around it? I have an abundance of documents proving he is my father and that I am his only child. For the amount of money that I would be receiving, is it worth the legal fees? How hard is the process?
Asked on July 25, 2013 under Estate Planning, Virginia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
You need to check with your local court to see if this amount is under the threshhold requiring a probate action. If not, you providing your birth certificate, a death certificate and your i.d. should be enough. If the company is still trying to challenge you, indicate you will file a department of labor complaint with your state agency and the state attorney general.
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