If my husband is incarcerated and is named beneficiary for his uncle’s estate, what steps doI need to take to collect his inheritance?

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If my husband is incarcerated and is named beneficiary for his uncle’s estate, what steps doI need to take to collect his inheritance?

My husband was named beneficiary by his uncle who worked for our local city. I am not sure what steps that I would need to take to assist him in finding out what type of account it is, the amount, and the steps for him to recover the funds. He desires for me to recover the funds now before his release date. Can you advise on where to start and will I need a Power of Attorney for any reason?

Asked on January 16, 2012 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your husband's loss.  In order to act on your husband's behalf and to sign what ever papers will be necessary, you will indeed need to Power of Attorney as the attorney in fact for your husband.  Now, how does he know that he is the beneficiary?  Was he notified by an attorney that the Will was being offered for probate?  That is generally who you would contact or the executor of the estate.  Look in the probate court in the county in which his uncle resided at the time of his death for the information that you need.  Good luck.


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