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August 24, 2010
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Probate Law News

 

Unclaimed Funds For The Deceased    

The Ohio Department of Commerce Division of Unclaimed Funds has over 2.6 million accounts worth over $700 million in its custody.If you find unclaimed funds for a deceased relative, you still may be able to claim that money for you or their family.

To claim the unclaimed funds of a deceased relative, you must do the following:

Submit photo identification, i.e. a copy of your driver’s license.
Prove the account belonged to the original owner by showing proof of address that matches the unclaimed funds account such as an old utility bill.  You can also verify addresses by checking old phone directories at the Ohio Historical Society.
Prove that you are legally entitled to claim the funds.  This normally requires documentation from the Probate Court in the county in which the owner lived in at the time of death.
If the estate is currently open, the fiduciary or administrator has the authority to claim the funds by submitting a current letter of authority showing appointment as the fiduciary.
If the person’s estate has been closed in Probate Court, a report of newly discovered assets should be filed, and depending on the court it may be necessary to fully reopen the estate.

In Franklin County Probate Court, a person’s estate may be released from further proceedings if the assets are worth less than $35,000 ($100,000 if the surviving spouse inherits everything).This requires filing with the Probate Court the person’s original will, a certified copy of the death certificate, verification of assets, and proof of relation, along with the application and related forms.  A shorter application packet can be used for very small estates; ask if you think it may apply in your situation.

If the probate assets are too great to secure a release from further proceedings, you must open an estate at Probate Court, requiring an appointed fiduciary and attorney.Submitted Probate documents must not be dated more than two years past the filing for unclaimed funds. Read more at tos.ohio.gov.

 

 

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Did You Know?    
 
 
Probate Is Handled In Court
Probate cases normally occur in state and county court where the deceased permanently lived at the time of his or her death. In different states such courts may go by different names. Some are simply called the Probate Court. In New Yorkthey are called the Surrogates Court and in California they are called the Superior Court, Probate Division. The probate court will normally handle all the personal property the deceased owned, plus all the real estate the deceased owned located in that same state.

 


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Latest news about probate cases in Alabama and nationwide:

Goodin Bill Advocating Moment Of Silence Pledge In School Passed
INDIANAPOLIS Senate Bill 332, legislation co-sponsored by State Rep. Terry Goodin (DCrothersville)that would require a daily opportunity for a stud...
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What Is The Lawyer's Role
It is easy to be lured by advertisements claiming you can save time and money by drafting your own will using do-it-yourself software or fill-in-th...
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Trusts Are Designed To Distinguish Between Income And Principal
Trusts are designed to distinguish between income and principal, as many of them, especially older trusts, provide for income to be distributed to ...
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Probate Terms

 
 


Today's Terms

Jointly held bank account

Definition:
A bank account that is held by two or more people each of whom has a right of survivorship.

Personal representative

Definition:
The person responsible for the administration of an estate. This includes paying creditors and heirs.

Beneficiary

Definition:
A person designated to receive the income or principal of a trust estate.

More Probate Terms >

 
 

Probate Resources

 


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Probate Hot Topics

 


Topics Related to Probate:

  • Probate Court
  • Last Will and Testament
  • Living Will
  • Power of Attorney
  • Trust Planning
  • Asset Protection
  • Special Needs Trusts

More Probate Topics >

Alabama Probate Attorney

 
If you live in the following cities and need an probate attorney you should contact our Probate Attorney as soon as possible:


  • Alabaster
  • Albertville
  • Alexander City
  • Anniston
  • Athens
  • Atmore
  • Auburn
  • Bay Minette
  • Bessemer
  • Birmingham
  • Cullman
  • Daphne
  • Decatur
  • Dothan
  • Enterprise
  • Fairhope
  • Florence
  • Fort Payne
  • Gadsden
  • Hartselle
  • Huntsville
  • Madison
  • Mobile
  • Montgomery
  • Opelika
  • Ozark
  • Pelham
  • Phenix City
  • Pinson
  • Prattville
  • Selma
  • Sylacauga
  • Talladega
  • Theodore
  • Trussville
  • Tuscaloosa
  • Wetumpka


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