What can I do to collect unclaimed money through the state’s comptroller?

My father passed away 12 years ago. There was no Will probated through the courts. During a

search of the state comptroller’s website, I found unclaimed money belonging to my dad. Can I claim it or will it go to my mother since they were still married at the time of his death? She is now remarried.

Asked on June 6, 2016 under Estate Planning, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since your father died intestate (without a Will), the rules of intestate succession determine inheritance.
Under intestate succession, the surviving spouse inherits the entire estate. Therefore,  your mother inherits the unclaimed funds.  If there had not been a surviving spouse, the amount of the unclaimed funds would be divided equally between the children.

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