What happens to any assets that are left to a beneficiary, if that beneficiary cannot be located?

Get Legal Help Today

 Secured with SHA-256 Encryption

What happens to any assets that are left to a beneficiary, if that beneficiary cannot be located?

I think I may have been listed as a beneficiary to a retirement account, property or both in my grandmother’s Will. I have asked my family if there is information or documents that they should be notifying me about and they said no but I think that is not the truth. If I do not claim this in a certain length of time, will it go to my other family members? Is there a law of succession in Wills?

Asked on July 19, 2012 under Estate Planning, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Absolutely, if this money is not escheated to the state it can go into the residuary clause of the will (if it is a proper will), which will dictate how the remainder of assets will be divided. You may wish to speak with the executor or attorney if you know who it is and then figure out whether you need to file a claim in probate court or convince the executor to handle this properly or risk beig held liable for failure to handle his fiduciary responsibilities.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption