Can I claim unclaimed property as my father's only child?

Full question:

My father died 24 years ago. I was executor and signed for my step mother to become administrator. She did not present a marriage license but stated that they were married 6 months earlier. They had just purchased a house & I wanted her to remain there and pay for the home. She said she would give me my half when she sold it or died. 24 years later I have found unclaimed property in a state treasurer's office and I think I am entitled to claim it as the only child of my father. Is that administrator assignment still valid or can I legally be appointed as his personal representative now? I do not know that they were really married. She has since remarried. I was only 26 when he died and wanted nothing to do with paying for a funeral or outstanding debts. I received a $1500 check form her 6 months after his death and have no way of knowing what the estate really consisted of. What can I do now?

• Category: Wills and Estates
• Date: 04/07/2025
• State: North Carolina

Answer:

This is a complex situation. If the amount you want to recover from the State Treasurer's office is significant, consider consulting a local attorney to protect your interests. If it’s a smaller amount, you might pursue this on your own, as it may not be worth hiring a lawyer.

Generally, events from 24 years ago may no longer be relevant due to statutes of limitations. You can attempt to claim the money. Since you haven't seen a marriage certificate and your father had no will, you can claim to be his only heir. Just be truthful on the claim forms.

If your stepmother objects after you file the claim, she could potentially sue you, but this is unlikely to happen as it would be costly for her, and she may not have a strong case. The decision to proceed should depend on the amount of money involved. For substantial sums, seek legal advice first. For smaller amounts, you can try to recover it directly through the Treasurer's process.