My uncle who is deceased, made my father Exeter to his estate, my father has also passes away, I was p.o.s with my sister for my fathers est...

Question

My uncle who is deceased, made my father Exeter to his estate, my father has also passes away, I was p.o.s with my sister for my fathers estate, now on the missingmoney.com site my uncles address has come up thre times, hoe can this be claimed when I do no have my uncles info, just my fathers?

Answer

What is POS? Therre is a power of attorney. Powers of attorney are for the living not the dead. So if your father is deceased, the power of attorney is at an end. What is relevant is where your father lived at the time of his death, whether he had a will and whether he had a living spouse at the time of his death.

You do not indicate relevant information. When did your uncle die? Before or after your father? Did your uncle have a living spouse or children at the time of his death? Since your uncle had a will, who was a beneficiary under the will? Who inherited the "residue" under the residuary clause? Where did your uncle live at the time of his death? Was it in PA? Where was his estate probated? Is it still pending or has probate been completed?

A probate attorney who practices in the county/state where your uncle's estate was probated needs to review your uncle's will to find out who would be the beneficiary of the missing money. That is the person who needs to claim it. If your uncle's will was drafted by an attorney, it probably has a residue clause which says something like "anything else I own at the time of my death goes to X." You need to see who would be the beneficiary X. If there is no residue clause then the money would pass to your uncle's heirs under the intestacy laws of the state where your uncle lived at the time of his death. This would be his spouse and children, if any. If your uncle had no spouse or children and if his parents are dead then the money would go to your uncle's siblings or there children. If your father was an only child then you and your sister and any other siblings could inherit the money.

If your uncle had no wife and children at the time of his death and made your father the beneficiary and if your father died after your uncle then everything would pass to your father. Since your father is dead, if your father had a will that money would pass to your father's beneficiaries named in your father's will. If your father did not have a will then your father's assets would pass under the intestacy laws to your father's wife if any and you and your siblings.

This is too complicated to post - a probate attorney really needs to see the wills and know when your uncle and father died and who their heirs would be under the intestacy laws to know who can claim the money.