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#1 |
Too lazy to set a custom title
Industry Role:
Join Date: Jul 2005
Posts: 10,057
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How can I claim my dead uncle's money?
He's dead about 7 years now and the bank said there was a POD naming some whore he fucked with for awhile, crazy drunken bastad, anyway it's been years now and I think that whore never picked up the money. So my family is is sole heir and we took care of him for YEARS.
Since he owed us a lot of money, I say the best way to collect the money would be to sue him in small claims court. Does that make sense? I mean, sure, he's dead. Right. But if we sue him we can collect that money- yeah? |
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#2 |
So Fucking Banned
Join Date: Oct 2003
Location: In my head
Posts: 6,844
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Yes, good luck suing your dead uncle in small claims court.
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#4 |
working on my tan
Industry Role:
Join Date: Mar 2005
Location: Florida/Kentucky
Posts: 39,151
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You're fucked. The reason estates go thru probate is to give creditors a reasonable amount of time to present their claims to the court. Unless you started a motion to contest the estate during the allotted time, usually 12 months, you can't have your claims heard.
7 years later? No way. . |
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#5 |
Confirmed User
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Join Date: Feb 2005
Posts: 1,699
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Your local law bar association will have a referral service, call them and explain the situation.
They'll refer you to a lawyer that specializes in the kind of law that would be involved in your case. |
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#6 |
Geo Cities
Industry Role:
Join Date: Aug 2003
Location: North Captiva Island, Florida USA
Posts: 11,830
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To late
![]() You could inform her there is money for her if she splits it your will help her get it.
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#7 |
Fake Nick 1.0
Industry Role:
Join Date: Oct 2005
Location: Rent free, your head
Posts: 27,653
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If no one has done so then you could file as the executor of his estate. But then you open up a another can of worms because as others have said the debtors will then come calling to get their piece of likely small pie.
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#8 |
Too lazy to set a custom title
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Join Date: Jul 2005
Posts: 10,057
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Wonderful. He only had about 4 grand in there. I think it was a fkn checking account too
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#9 | |
Pay It Forward
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Join Date: Sep 2005
Location: Yo Mama House
Posts: 76,979
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Quote:
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#10 |
Too lazy to set a custom title
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Join Date: Jul 2005
Posts: 10,057
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#11 |
Too lazy to set a custom title
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Join Date: Jul 2005
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Well wait though I think that bitch on the POD is dead
So if I can find out if that whore died or whatever else, then, claiming the money cannot be THAT difficult, right Oh wait THEN the money is held for that whore's heirs I can only imagine Well what if that slut doesn't have any maybe |
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#12 |
Pay It Forward
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Join Date: Sep 2005
Location: Yo Mama House
Posts: 76,979
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well it's in place so the paperwork is fresh. nobody really keeps records for seven years. you just missed it if it was a contract on paper.
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#13 |
Confirmed User
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Join Date: Jul 2006
Location: Somewhere between reality and total ape-shit bonkers.
Posts: 2,870
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Sounds like you just need to contest the will and push for a settlement of the estate. As far as suing him in small claims court, I believe you missed that opportunity by not doing so sooner. I may be wrong, but I think there is a limited time-frame for creditors to file claims on the estates of the deceased (often listed in the 'legal' section of newspaper classifieds).
Anyhoo, your best bet would be to contact an estates and trusts attorney. If they can help you, they will save you a lot of work and missteps not to mention the unnecessary fees or penalties that you might otherwise be instructed to pay by paper-pushers that don't know jack outside their limited purview. However, after 7 years I'm not sure if you have any recourse available.
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#14 |
Confirmed User
Join Date: Oct 2006
Posts: 1,034
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Ffs people it takes 15 min to start a living revocable trust with legal zoom. After your done open an investment account in the trusts name and avoid this shit.
Probate and lawyers kiss my ass! Stop wasting people's time.
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#15 |
( ◣_◢ )
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Join Date: Jun 2007
Location: USA
Posts: 509
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This is about 4 grand in his checking account? What's the point if so? Is the hassle of trying to get it even worth 4k to you? Now if you were talking about 100k then yeah I can see it, but 4k? No...
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#16 |
So Fucking Banned
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Join Date: Feb 2006
Posts: 25,214
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Broke ass niggas man...
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#17 |
Confirmed User
Join Date: May 2006
Location: Tampa
Posts: 5,827
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One in four adults−approximately 61.5 million
Americans−experiences mental illness in a given year. One in 17−about 13.6 million−live with a serious mental illness such as schizophrenia, major depression or bipolar disorder. • Approximately 20 percent of youth ages 13 to 18 experience severe mental disorders in a given year. For ages 8 to 15, the estimate is 13 percent. • Approximately 1.1 percent of American adults— about 2.6 million people—live with schizophrenia. • Approximately 2.6 percent of American adults−6.1 million people−live with bipolar disorder. • Approximately 6.7 percent of American adults−about 14.8 million people−live with major depression. • Approximately 18.1 percent of American adults−about 42 million people−live with anxiety disorders, such as panic disorder, obsessive-compulsive disorder (OCD), posttraumatic stress disorder (PTSD), generalized anxiety disorder and phobias. • About 9.2 million adults have co-occurring mental health and addiction disorders. • Approximately 26 percent of homeless adults staying in shelters live with serious mental illness and an estimated 46 percent live with severe mental illness and/or substance use disorders. • Approximately 20 percent of state prisoners and 21 percent of local jail prisoners have “a recent history” of a mental health condition. • Seventy percent of youth in juvenile justice systems have at least one mental health condition and at least 20 percent live with a severe mental illness. Getting Mental Health Treatment in America • Approximately 60 percent of adults12, and almost one-half of youth ages 8 to 15 with a mental illness received no mental health services in the previous year. • African American and Hispanic Americans used mental health services at about one-half the rate of whites in the past year and Asian Americans at about one-third the rate. • One-half of all chronic mental illness begins by the age of 14; three-quarters by age 24. The Impact of Mental Illness in America • Serious mental illness costs America $193.2 billion in lost earnings per year.17 • Mood disorders such as depression are the third most common cause of hospitalization in the U.S. for both youth and adults ages 18 to 44.18 • Individuals living with serious mental illness face an increased risk of having chronic medical conditions. Adults living with serious mental illness die on average 25 years earlier than other Americans, largely due to treatable medical conditions. • Over 50 percent of students with a mental health condition age 14 and older who are served by special education drop out−the highest dropout rate of any disability group. • Suicide is the tenth leading cause of death in the U.S. (more common than homicide) and the third leading cause of death for ages 15 to 24 years.22 More than 90 percent of those who die by suicide had one or more mental disorders. • Although military members comprise less than 1 percent of the U.S. population, veterans represent 20 percent of suicides nationally. Each day, about 22 veterans die from suicide.
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#18 | |
( ◣_◢ )
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Location: USA
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Quote:
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#19 |
Confirmed Chicago Pimp
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Join Date: Aug 2004
Location: Chicago
Posts: 7,100
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Guessing he's diagnosing MrMaxwell
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#20 |
Confirmed User
Join Date: Oct 2006
Posts: 1,034
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This is why banks are freakin rich. And when you do start a living trust, tell the damn trustee about it!
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#21 |
Confirmed User
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Join Date: Jul 2007
Posts: 2,892
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1. Legally change your name to the name of the "whore your uncle fucked for a while"
2. Dress up like a whore 3. Go to bank with new id, offer to blow the bank manager for a smooth transaction (for effect). 4. Collect the money.
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#22 |
See signature :)
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Join Date: Apr 2007
Location: ICQ 363 097 773
Posts: 29,656
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Another thread of mrmaxwell
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#23 |
Too lazy to set a custom title
Join Date: Nov 2002
Location: Earth
Posts: 14,622
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Find whore, buy her a fake id and take the death cert to the the bank. Issue solved.
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#24 |
Too lazy to set a custom title
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Join Date: Jul 2005
Posts: 10,057
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Well, four grand would mean a lot to me... perhaps more than 100k does to some people, actually
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#25 |
Confirmed Asshole
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Join Date: Feb 2003
Location: Half way between sobriety and fubar.
Posts: 12,722
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I don't think they gave your great grandfather 40 Acres and a Mule. So you better sue for that too!
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#26 | |
Confirmed User
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Join Date: May 2010
Posts: 5,735
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#27 |
Too lazy to set a custom title
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#28 |
Confirmed User
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Join Date: Dec 2010
Posts: 1,406
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Claiming the money
How do you know she didn't get the money?
You might search the state treasurer's unclaimed property site, as the bank is only allowed to keep the money a couple of years before they have to turn it over. You're fucked anyway with a POD. PODs are set up so the money stays outside of any will or probate, same as Transfer On Death. Went to an elder care seminar and the attorney there explained that was the way to avoid wills and probate, especially things such as cars as probate could take years while the car sat there rusting away. You might be able to contest your uncle was not of sound mind or was under duress, but your chances of proving that in small claims would almost be impossible. If it's a larger amount the legal fees would eat all of it up. Besides who ever heard of a whore not immediately going after money? |
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#29 |
Hmm
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Join Date: Sep 2005
Location: On an endless road around the world for rock and roll.
Posts: 12,642
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Yeah, exactly... I must say I did not intend to be rude or anything but when I read this I lolled hard.
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#30 |
I Like Depth Of Field!
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Join Date: Jan 2003
Location: Las Vegas, NV, USA: 36.12318 N, 115.090219 W
Posts: 14,861
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Maybe try asking a lawyer, instead of random people on GFY?
;-)
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