How to confirm a possible inheritance?

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How to confirm a possible inheritance?

My aunt passed away over 40 years ago. When I was 7 years old she visited me at my home. She told me that when she passed there was money for me and my father (her brother). My father when he was living never persued this but told me that she told him the same thing. She had an adoptive son who, after she was put in a nursing home, was taking her money and checks. I always wondered if there was a Will and, if there was one, did it list my father and I as beneficiaries in it. Even if it’s been over 40 years, can this still be investigated?

Asked on July 7, 2013 under Estate Planning, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It can be investigated but there may be nothing that you can do at this point in time.  If there were a Will - and it were probated - then it would have been filed in the county in which she resided at the time of her death.  If the county still has those records (or they are archived) you can review the Will or even if there was no Will, the probate proceedings. If there were a Will and you were named but not served with notice then that is a basis to go after the personal representative that was appointed.  If there were no Will then the intestacy statute will apply and her son would have most likely received it all. Good luck.


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