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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2557
Experience:  Helping you with your legal questions.
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I am an heir on My cousin that died in 2003 estate he died

Customer Question

I am an heir on My cousin that died in 2003 estate he died without a will. Now their are 2 things need to know First the estate attorney turned the money over to the court haw do I get my part?
second Prudental insurance contacted one of the heirs around 7 mo. ago and said the had and life insurance policy on this person and they had turned it over to the Va. unclaimed division. It around 16,000.00 So the attorney filed a claim and they said 90 days now they say they need more time the 90 days was up Aug 23. How do we get this money turned over to us Thanks Nancy
Submitted: 10 months ago.
Category: Estate Law
Expert:  Damien Bosco replied 10 months ago.

Hello. My name is***** am an attorney. I am here to help you with your question. I will review it. And then we can discuss it. Sound good?

Customer: replied 10 months ago.
Sounds good to me
Customer: replied 10 months ago.
I do not see the answer if you are waiting to check this out that's fine with me nancy
Expert:  Damien Bosco replied 10 months ago.

Hi Nancy: I have a few questions for you. Did your cousin have parents alive or brothers or sisters? Any children? The second question is where you the beneficiary of the insurance policy? Or do you know who is? When you say "us," whom do you mean?

Customer: replied 10 months ago.
His parents were dead and he did no have any bother or sisters just cousin and there divided between the mother side and the father side around 15 in all. 7 on each side the policy would go to all the heirs 50% on each side nancy
Expert:  Damien Bosco replied 10 months ago.

Hi Nancy: Thank you for the additional information. Since your attorney filed a claim for the money, it appears that you have taken the step to obtain. Sometimes the State requests more information and it can be a time consuming process. However, if the proper documents are submitted, the State would issue the moneys to the Estate. If you have further questions, please let me know.

Customer: replied 10 months ago.
On the first question I wanted to know how we get the money from the court that the lawyer has already turned over to the court. This has nothing to do with the life insurance.
Expert:  Damien Bosco replied 10 months ago.

Hello Nancy: I am not sure what you mean about money turned over to the court. That does not make sense. Estate moneys would be held in an estate bank account. Can you clarify please.

Customer: replied 10 months ago.
Ok he died in 2003 and we have been trying to get it settled all this time and the lawyer on the one that the cout had appointed as adminisator would now settle so we kept calling the county comminisoner and he finally made them close the account on the personal money they had . He had around 90,000.00 and before we could get turned over its down to 64,000.00 but now the court has it and I do not know how to get it divided.
Expert:  Damien Bosco replied 10 months ago.

Hi Nancy: Is it possible to speak on the phone? There is an additional charge. It is difficult to answer your question without discussing more of the facts and procedural history. I will offer the premium service.

Customer: replied 10 months ago.
I will try and find the papers they sent us on putting the money with the court and get back to you.
Expert:  Damien Bosco replied 10 months ago.

Okay. Take care.

Customer: replied 10 months ago.
I can not find the papers but I will try and give you how everything happen in 2003 my cousin died he did not have any living parents or brother and sisters. Now one of my cousin ran to the judge and got her husband made administrator . Then they never would settle the estate they hired a lawyer but they would just say to many heirs did not know how to divide.
we hired a lawyer but he just took around 5000.00 and did nothing. now we are up to 2013. We found another lawyer and he took it to the judge and the judge order them to finalize the estate and turn it over to the court to be distributed was the way they told us. that was april 12,2016 now the money has been there 4 mo. and no distribution. their lawyer says it out of his hands the court has it now. So how can we get our money now. nancy
Expert:  Damien Bosco replied 10 months ago.

Hi Nancy: Thanks for the additional information. Since you have an attorney, possibly the attorney or even yourself can call the clerk to request a copy of the order of the court that directed the money to be placed at the court. If I were on the case, I would get my law clerk to get a copy of the court order; and even call the clerk's office to see what the clerk views in the court computer system about what the court needs to distribute the moneys. Sometimes, there is an issue of finding all the heirs to distribute the moneys. But that may not be that a partial distribution cannot be made. It's hard to know without seeing the court order and the procedural history of the case.

Expert:  Damien Bosco replied 10 months ago.

Hi Nancy: If you need further assistance, please let me know. Otherwise, I wish you good luck. Best regards.