If I found unclaimed property on the texas unclaimed property website, under my maternal grandfathers’ name, how is it to be split?

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If I found unclaimed property on the texas unclaimed property website, under my maternal grandfathers’ name, how is it to be split?

He has a probated will stating that everything be divided equally to my 3 brothers and I. However, 2 of my brothers have passed away. 1 that passed away left behind a widow and a child under the age of 18 years old. Does that mean that the money will be split between the widow and the child as well as my living brother and I?

Asked on September 1, 2015 under Estate Planning, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The split will depend on how your state treats deceased siblings at the same level i.e., whether a portion will go to your niece and sister in law or if it will solely go to you.  First and foremost, however, you will need to contact the abandoned property division and present documentation certifying the probated will and the proper beneficiaries.
You may need to reopen probate or review the documentation in the probated will to see if it mentions anything like a catch-all or residuary.


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