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TexLaw
TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My sister found money belonging to our deceased grandparents

Resolved Question:

My sister found money belonging to our deceased grandparents on two separate unclaimed assets websites. She told my brother and myself about the money and said that she would claim it and split it with us equally three ways. She has since received the two checks and is now refusing to share the money. I have asked her repeatedly to scan the check stubs and send them to me, but she is now refusing to answer her phone and my e-mails.
Do my brother and I have any legal rights to this money?
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

Thanks for your question.

How long ago did your grandparent's pass away?

Are your parent's still living?

Was there a will that your grandparent's left?

If so, who was left with the "remainder" of their estate?

I look forward to hearing back from you.

-ZDN
Customer: replied 1 year ago.

Both grandparents have been deceased for over 13 years. My mother, who was their only child passed away on Oct, 19, 2012. My parents are divorced. There is no will for either my grandparents nor my mother.

Expert:  TexLaw replied 1 year ago.
Thanks.

Since your mother, who was their only child, just passed away, the money is owed to all three of the grandchildren equally (unless your grandparents have any surviving brothers or sisters, then it would go to them first).

Thus, you do have a legal claim against your sister for 1/3 of the money.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.

Thank you. Considering that there is at least $10,000 involded, will we need to consult a lawyer or is this a small claims case?

Expert:  TexLaw replied 1 year ago.
You will need to consult a lawyer. This is a probate case and must be decided under the probate code by a probate court. Thus, you will need to hire an estate lawyer to make the claim. Of course, the lawyer may be able to simply persuade your sister to turn over the money in the end with a simple letter. I would try everything possible before suing, as it will likely be expensive.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4270
Experience: Lead trial/International commercial attorney licensed 11 yrs
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TexLaw
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Lead trial/International commercial attorney licensed 11 yrs