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topdog93
Nov 7, 2011, 09:26 AM
Me and my brother received partial inheritance. My sister has not been found or heard of as long as I can remember. We all have different fathers. Is there a time line? Or will they just keep her inheritance in trust? My mother passed away 2003.

JudyKayTee
Nov 7, 2011, 09:32 AM
Where? In general her inheritance is held until she is either located or declared dead. Harsh but true.

There are means to finding people - the Court has all the assets to do so. Where does this stand in the estate proceeding?

topdog93
Nov 7, 2011, 09:40 AM
West Virginia. Trying to find out have emailed the law office. It has been a year since I last contacted them due to deployments. Mom has passed 2003 I was contacted 2010. What means could I use to find her. We tried Facebook and other means but it is like she does not exist. Do you have any ideas.

JudyKayTee
Nov 7, 2011, 09:54 AM
Was the Will probated? If so the estate should be closed and the Court will help you.

If not, use a private investigator or similar source.

If she EVER obtained a utility, purchased a car, got a driver's license, many other things, they'll find her.

topdog93
Nov 7, 2011, 10:26 AM
Just found out something she was adopted by another family in the 70s. Does this change matters and has no contact with her. But me and my brother would still like to find her. Her last name would have change so that might be why it is so difficult to contact her any suggestions?

JudyKayTee
Nov 7, 2011, 10:41 AM
Once she is adopted (assuming it's a legal adoption) she has NEW parents and no legal ties to her birth family.

Is this inheritance by Will? If it specifies her BY NAME she is entitled to the money. If it says something like "my children" she is NOT entitled.

This is very general info, by the way. The date of the adoption and date of the will also come into play.

topdog93
Nov 7, 2011, 10:45 AM
Thank you very much kind of sad about it. How do me and my brother find out if the adoption was legal or not and I do have the state in which she was adopted in Colorado.

AK lawyer
Nov 7, 2011, 11:58 AM
Just found out something she was adopted by another family in the 70s. Does this change matters and has no contact with her. But me and my brother would still like to find her. Her last name would have change so that might be why it is so difficult to contact her any suggestions?

First, let's discuss what this means with respect to the inheritance. Assuming that she was legally adopted in the '70s, and the inheritance is from you mother, who died in '03, there is (as I understand what you are sayiing) something left in your mother's estate. You say you and your brother received a "partial inheritance", so I'm guessing the will said something like "equal shares to my children". Your bio-sister wouldn't have been, legally, a child of your mother at the time of your mother's death. So you and your brother may be entilted to what was thought to be your sister's share. I am confused as to why the executor did not know about the adoption. But in any event, it seems that the executor still owes you some money. Contact the executor and see what he/she intends to do about this. In any rate, you need to see an attorney to figure what to do about this.

Adoption records are normally sealed, except for the parties involved (your sister, your mother, and your sister's father). Contact a Colorado attorney to see if there is a way you could get access to the adoption records in the court file.

topdog93
Nov 7, 2011, 12:37 PM
There was no will. Me and my step brother and step sister are it. My step brother dad passed away.

AK lawyer
Nov 7, 2011, 11:40 PM
There was no will. Me and my step brother and step sister are it. My step brother dad passed away.

Ok, will or intestacy, either way, you need to double check to see if some funds or assets are still sitting around waiting for her. If so, they would probably go to you and your step-brother.

ScottGem
Nov 8, 2011, 04:56 AM
The best thing to do here is talk to the executor and get the status of the estate. Your refer to step brother and sister, but a step brother and sister would mean the children of someone your mother married. As such they would probably not be entitled to a share of your mother's estate.

AK lawyer
Nov 8, 2011, 07:58 AM
... Your refer to step brother and sister, but a step brother and sister would mean the children of someone your mother married. ...

Good catch.

But OP says "we all have different fathers", implying that all three had the same mother. Might OP mean half brother?

ScottGem
Nov 8, 2011, 08:15 AM
I suspected he meant half siblings. Missed that he said same mother.