Can I claim my father’s unclaimmed funds from the state even though my mother his wife is still living?

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Can I claim my father’s unclaimmed funds from the state even though my mother his wife is still living?

I just found 5 accounts listed for my dad on the website missingmoney.com. I would like to claim these, but I don’t want my mother to know as she has a bad gambling addiction. Can I claim them without notifying her? As a side note, she still owes me around 50k that he left me in his will that the state has ordered her to pay me. Does that affect the situation? The states involved are Arizona and New York.

Asked on November 13, 2017 under Estate Planning, Mississippi

Answers:

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

Answered 4 years ago | Contributor

You won't be able to claim your father's unclaimed funds because you will need to complete a proof of heirship form on which you will have to list your mother, who will inherit those funds.
Although you can raise the issue of the 50K that your mother was ordered to pay you, that is a separate issue which won't affect the inheritance of the unclaimed funds.


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