QUESTION
How do I collect savings bonds from a sibling that were left to me by our mother?
Asked on May 15th, 2013 on Estate Planning - Michigan
More details to this question:
The bonds have my name on them. I have requested the bonds from my sibling several times since I found they were part of my inheritance. All of her other personal belongings have been divided up.
11 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can always sue for possession.
Answered on May 15th, 2013 at 3:25 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are advised to seek the assistance of a probate lawyer to make a letter demand on the sibling for the bonds; if that doesn't work, then the lawyer may have to go baack into probate court to obtain an order to compel delivery of the bonds.
Answered on May 15th, 2013 at 3:25 PM
General Practice Attorney serving Coeur d'Alene, ID
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Michael B. McFarland, PA
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If an executor or personal representative was appointed, you should make written demand on him or her. If there was no probate proceeding, and no personal representative appointed, then your sibling has your personal property, and is holding it without your consent. If he/she refuses to give you your property, make a written demand, and keep a copy. If the refusal persists, you can bring suit against your sibling.
Answered on May 15th, 2013 at 3:25 PM
Make a written demand for them with a time limit. If they are not delivered, file a probate action and have yourself appointed personal representative.
Answered on May 15th, 2013 at 3:25 PM
Your question does not indicate why she won't give them to you. What is the reason she is saying that she won't. You may want to have your attorney write a letter to her and see if that resolves the situation.
Answered on May 15th, 2013 at 3:24 PM
Send your sibling a letter by certified mail requesting that any bonds previously held in the name of you and your mother be turned over. Have you seen them?Could they have been cashed in before her death? If they refuse or claim that there are none, you can request a search by the agency that handles bonds. Obtain the request form online. I believe that they can issue replacement bonds when presented with an appropriate affidavit as to lost bonds.
Answered on May 15th, 2013 at 3:22 PM
2 Awards
Have an attorney write a letter requesting them. If the values are high, you may have to file suit. You can also try to locate them through the treasury with your and/or your mother's social security number.
Answered on May 15th, 2013 at 3:22 PM
Bankruptcy Attorney serving Henderson, NV
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Jeffrey A. Cogan Chartered, a PLLC
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Was the estate probated by the Court? If so, she may not be able to give them to you until the Judge approves the accounting and allows for a disbursement. Because a bond has an owner that is shown on paper, instead of rings or furniture, she would have to wait for court approval. If the estate is not probated and there is no lawyer representing the sibling, you would have to sue her as your mother's representative.
Answered on May 15th, 2013 at 3:21 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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If they are in your name they are not part of the estate and should be turned over forthwith.. Please make your request in writing and if an estate has been opened contact the attorney of record.
Answered on May 15th, 2013 at 3:21 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You can send a certified letter demanding they be given to you. If they do not give them to you and you know for a fact they exist you may have to file an action in the Court of Chancery to force them to give them to you.
Answered on May 15th, 2013 at 3:21 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If your sibling refuses, I believe there is a process for having the bonds re-issued. It can be a hassle, but it will take your sibling out of the loop. You can see your bank about this.
Answered on May 15th, 2013 at 3:21 PM