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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 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.

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