A Simple Legal Question...

If I were named in a will, and I had moved three times since the will was written, how would the attorneys know where to send the info regarding this inheritance to me? My address was not recorded anywhere since it was not until recently that I have settled into a permanent situation with a fixed mailing address and the individual in question passed away during the window where I was not ‘findable’.
Also, what is the statute of limitations regarding inheritance dough?

Although I just took a four hour final exam on wills and estate law five days ago, I am suffering from PTSD as a result of the experience and am rendered useless to your inquiry.

Well, I’m sorry to hear that. I hope your brain recovers soon.

Our current policy relating to legal/medical threads is that they should be started in In My Humble Opinion rather than General Questions, since what you’ll get is opinion rather than a qualified legal/medical opinion from a professional. Moved.

samclem Moderator

I wonder if this is one of those situations where the attorney can satisfy the legal requirements by publishing a notice to interested parties. ??

When my brother died, we had to find his son by his first marriage. No one knew where he was but we knew some of the kid’s other relatives, so we contacted them and eventually found the kid.

When my first husband’s wealthy uncle died, the family was sure they were named in the will but no one had contacted them. I went to the county courthouse and asked for the probate file, and contacted the attorneys handling the estate. I don’t know if this can be done by a phone call, but if you know where your relative lived when he died, contact the county clerk.

Can’t help with the statute of limitations.

Generally speaking, it would be the executor who would contact you with regard to disbursing any inheritance you would receive from the will. Although the executor could be the lawyer who drafted the will, it is more likely that the executor is someone who was close to the decedent: a spouse, a child, a sibling, a trusted friend. So, if the lawyer doesn’t know where you are, but the family does, you should be contacted eventually.

Of course, you could always take the initiative and get in touch with the decedent’s family and/or lawyer yourself; assuming you know who the latter is.

I’ve never heard of a “statute of limitations” for inheritances. To the best of my knowledge, un-disbursed funds and property are held in trust until the beneficiary can be found. However, this question may be jurisdiction-specific, so it is possible that limitations exist somewhere.

My remarks are necessarily general. For specific advice on your situation in your jurisdiction, consult a lawyer licensed to practice in your jurisdiction.

Your best bet is to contact the closest relative of the person who died. The attorneys or family might not be able to find you. But didn’t you put in a forwarding address at the post office?

(Disclaimer: Although I am a lawyer licensed in Illinois, I am not your lawyer, this post should not be taken as legal advice, void where prohibited, may cause drowsiness, etc., etc.)

Illinois has a two-year (from the date of death) limit on payment of claims from an estate. Claims that are related to expenses from administering the estate and claims of the surviving spouse and children are not limited. Some claims may be barred sooner than that, in particular when “the claimant or the claimant’s address is not known to or reasonably ascertainable by the representative and the claimant does not file a claim with the representative or the court on or before the date stated in the published notice as provided in Section 18‑3.”

755 ILCS 5/18‑12, Limitations on payment of claims.

But is a bequest a “claim” under that statute? By my reading, claims are created by contract, tort, and statute, not by the will. If you are named in the will, I don’t think this rule applies.

Is a will a contract? IANAL, but it might be, between the estate and the executor. Executors are generally paid to execute the terms of the will, all of which sounds very contracty to me.

Just a thought, but why didn’t said individual send birthday cards/Christmas cards on a regular basis, just to keep in touch?
Seems a bit odd to be searching for funds from beloved relative after no contact for several years.

As a member of the family who was there during the illness and burial, I might be a bit annoyed at hearing of long-lost family member suddenly popping up years later with a hand held out.

Perhaps there is a valid reason for statutes of limitations.

He’s named in the will. The deceased wanted him to give him something.

This is quite possible. To be honest, after I found something that seemed like it could apply, I stopped looking. Bad lawyer practice, but good enough for internet work I guess. :smiley:

At a guess, if in most countries a lawyer had reached a dead-end in tracing a legatee, it would be a simple matter to find out the equivalent of their social security number and ask either the relevant government department or the tax authorities if they have a current address in file.

Lawyers are trusted people and tax authorities tend to keep track of people.

**

In Britain:

Relatives have 12 years to come forward and claim their inheritance and will be paid interest on the money. The ultimate deadline is 30 years but this is at the discretion of the Treasury Solicitor and no interest will be paid for the final 18 years.
Plus for those intestate legacies:

The Treasury Solicitor advertises in national and local newspapers when someone dies intestate and without known beneficiaries. It will give details of the person’s name, where and when they died and the value of their estate.
In the old days it used to be practically forever, and people turned up after 50 years claiming their rightful baronetcies and turfing out their relatives all the time.