What to do if my father unexpectedly passed away 6 years ago with no Will that I’m aware of?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my father unexpectedly passed away 6 years ago with no Will that I’m aware of?

I am his only next of kin. He was an executive at a very successful company, but the company went bankrupt. However, last year dividends were paid out. The company is saying I need a probate inorder for the money to be placed in my name. Its not a lot of money (approx. $5,000) but I’m wondering if it will be worth me going through the motions to prove I am his next of kin. Or is there a way around it? I have an abundance of documents proving he is my father and that I am his only child. For the amount of money that I would be receiving, is it worth the legal fees? How hard is the process?

Asked on July 25, 2013 under Estate Planning, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to check with your local court to see if this amount is under the threshhold requiring a probate action. If not, you providing your birth certificate, a death certificate and your i.d. should be enough. If the company is still trying to challenge you, indicate you will file a department of labor complaint with your state agency and the state attorney general.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption