If my aunt died and I’m certain she left me something, what can I do?

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If my aunt died and I’m certain she left me something, what can I do?

I thin that she left me something in her 401k and or policies but her friend has everything and is not showing me anything.

Asked on July 8, 2011 under Estate Planning, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am so sorry for your loss and for your situation.  If your Aunt listed you as a beneficiary in her Will of some of her belongings then you could go to the Probate court in the county in which your Aunt lived and take a look at the Will as it is a public record once it is filed.  Here, though, you state that it was a "policy" of some sort which makes me believe that you believe that you were a designated beneficiary under an insurance policy, etc.  That becomes more difficult to deal with although not impossible.  Generally speaking the policies and the proceeds have to be listed on the probate petition although they are not technically part of the estate.  They pass direct;y from the company that holds them to the beneficiary.  You would then be able to get the information and contact the companies to make a claim.  Otherwise you may need to bring a suit against her.  Good luck.


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