My father died 24 years ago. I was executor and signed for my step mother to become administrator.

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:

You present an interesting situation, and depending on whether the amount you aim to recover from the State Treasurer's office is really large or not, you may want to consult a local attorney to protect your interests. If we are NOT talking about a really significant sum of money, you may want to try to pursue this yourself (it not being worth it to hire an attorney).

It is our information that things that happened 24 years ago are no longer relevant. Statutes of limitations have expired, etc. You should try to claim the money. If you do not know the woman was married to your father, because you never saw a marriage certificate, and your father had no will, then you can legitimately claim to be the only heir. You do not "know" anything else to be the truth. But do not lie on the claim forms.

If the woman has a problem with what you have done (assuming she ever finds out about it), she can take it up with you then. She would have to sue you, which is unlikely, because it would cost her - and she might easily lose. But this goes back to the AMOUNT of money you are trying to recover from the State Treasurer. If we are talking about life-altering money, go talk to a lawyer before you do anything else. If we are talking about a few thousand dollars, just try to go through the Treasurer's process to recover it yourself.