Dear Dr. Don,
Continue Reading Below
The youngest of six children, I am 48 years old. My father joined the Navy at 22. In Italy, he met his bride and my mother, returning to the U.S. to raise our family.
In 1959, he bought a trust certificate from Corporate Leaders of America. My father died suddenly in 1978. When my mother died five years ago, we were looking for a will and found the trust certificate.
Over the years, the company has been involved in mergers. In a call, The Bank of New York Mellon told my brother the trust was still active. I'm pretty sure my mother had little, if any, knowledge of the trust certificate.
My sister has tried contacting the federal government to no avail. I'm worried we're at a dead end. What steps should we take now?
We are all struggling financially and would like to get what is legally ours. We're concerned that banks and government will want to hang on to this with both hands.
- Lora Long-Term
Ticktock. You've known about this trust certificate for five years. There's sufficient proof of either your father's or mother's ownership stake. The transfer agent of the trust can transfer ownership, but they need legal guidance about the current owner, which could be complicated.
Your family should hire an estate planning attorney to establish who inherited the certificate. Then, it can be registered in the name(s) of the current owner(s).
If the investment is still owned in dad's name, a probate procedure is needed to transfer title to intestate heirs. If there is a will, then there must be a way under state law to transfer the asset to the designated beneficiary.
You're also going to need a tax professional. As an inheritance is settled and taxes are paid, the new owners can decide what to do with the investment.
The federal government isn't a concern right now. So, you can stop worrying that the bank and Uncle Sam want to take your money. Later, there might be concerns about taxes and possible penalties due.
Get more news, money-saving tips and expert advice by signing up for a free Bankrate newsletter.
Ask the adviser
To ask a question of Dr. Don, go to the "Ask the Experts" page and select one of these topics: "Financing a home," "Saving and Investing" or "Money." Read more Dr. Don columns for additional personal finance advice.
Copyright 2014, Bankrate Inc.