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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 8953
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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How would I find out information on any inheritance claim (s)

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How would I find out information on any inheritance claim (s) in my name?

LegalGems :

Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction! Can you please provide me with some more detail so I understand the question? Thanks! Also, if you can provide your state, too.

LegalGems :

It appears that you have gone offline. When you return, if you can provide that information I will do my best to get you the information you need. Thanks.

Customer:

The state I currently reside in is Oregon. I just wondered-I havent met all my relatives~they are many. I've had interesting news about myself that I cannot discuss with you, however

LegalGems :

Oh, that does sound interesting - but yes, this is a public forum so that is wise. If you expect that someone has passed and you are the heir, then you will be notified by the executor/trustee/personal representative. If they aren't aware of your address, they have to exercise "due diligence" to locate you - this includes hiring a Private investigator if the amount warrants it.

LegalGems :

If you know where the decedent resides, generally a will is filed with the probate court (sometimes called surrogate's court) in the county where they last resided.

LegalGems :

If it is a trust, there is no requirement that it be filed publicly (that is the purpose of a trust - no public exposure of personal affairs).

LegalGems :

If it is possible that you think the inheritance would "escheat" to the state, you can check an online source for any money; but generally that only happens if a heir has truly disappeared.

Customer:

What is the amount of money required for due diligence? What is the length of time the PI would search before he would "escheat" to the state? If I was not contacted of the decedent's passing on purpose nor notified of the reading of the will/trust for vicisious reasons, and would like to be there because of relationship, what legally could I do?

LegalGems :

It would depend on the amount of money involved. For example, if it was $1,000, the court would probably do a newspaper publication and leave it at that. If it was involving real property or a substantial sum of cash, then a private investigator. It depends on the state law where the decedent resided as to how much time before it would escheat. And since in all states the heirs have a right to be notified (and the trustee/executor/PR has a fiduciary duty to act with due diligence) the omitted heir would have a cause of action (breach of fiduciary duty; negligence) against the individual for any economic harm suffered i.e. lost inheritance.

Customer:

Thank you. The information I have received, has been most valuble.

LegalGems and 2 other Estate Law Specialists are ready to help you
I wanted to be sure and thank you for using JA/Pearl.

I hope you found the information I provided useful. It sounds like an interesting scenario and I hope it all works out well!

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Take care.

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