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?

Yes, good luck suing your dead uncle in small claims court. :1orglaugh

Sue the dead uncle for unpaid bills? Not sure what law you have there, never heard about such stuff over here...

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.


.

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.

To late:2 cents:

You could inform her there is money for her if she splits it your will help her get it.

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.

Wonderful. He only had about 4 grand in there. I think it was a fkn checking account too

if he owed money you had to sue his estate. the statute of limitations has ran out dogg :( :(

Jesus on the moon I forgot all about those damned things :(

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

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. :1orglaugh if it was verbal i think its like 2-3 years. id consult an attorney fast if it was on paper you may still have time

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.

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.

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...

Broke ass niggas man... http://i.imgur.com/4yVqPIW.gif

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What the fuck is this shit?

Guessing he's diagnosing MrMaxwell :2 cents:

This is why banks are freakin rich. And when you do start a living trust, tell the damn trustee about it!

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.

Another thread of mrmaxwell :)

Find whore, buy her a fake id and take the death cert to the the bank. Issue solved.

Well, four grand would mean a lot to me... perhaps more than 100k does to some people, actually

I don't think they gave your great grandfather 40 Acres and a Mule. So you better sue for that too!

I freaking love your threads MrMaxwell, you always have a new one everyday asking GFY for serious advice in your life and don't give a fuck what anyone thinks :)

I filter GFY advice very carefully, of course, but there are some interesting minds on here.

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?

Yeah, exactly... I must say I did not intend to be rude or anything but when I read this I lolled hard.

Maybe try asking a lawyer, instead of random people on GFY?
;-)