Legal Question in Wills and Trusts in California

Probate. Decedent left a retirement account with a named beneficiary who cannot be found. Is there a procedure whereby the court can order the fund to disburse the funds to the estate so that they can be distributed pursuant to the terms of the Will? Funds would be going to a church.

Asked on 9/20/13, 10:30 am

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services
0 users found helpful
0 attorneys agreed

I have not researched this exact point, but I am pretty certain the answer is, "no." I believe that when the beneficiary of an account cannot be found that does not mean they lose the asset. It must be held for them to claim for a certain amount of time and then it escheats to the State, specifically the Secretary of State's Office to be held for their benefit and for them to claim. I'm not sure if that is forever, but it is certainly for many decades, and I don't believe it ever goes to the estate of the account holder.

Read more
Answered on 9/20/13, 4:54 pm

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Rahul Manchanda, Esq.Manchanda Law Office PLLCNew York, NY
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now