ADVERTISEMENT

OT - Buddy of mine found some bonds while sorting through his deceased parent's desk. They were in an envelope

No idea here. Need an estate/probate lawyer and there are few places I feel stupider than in a probate courtroom.
The amount of attorneys (who aren’t estate attorneys) who make a will for a friend or help with an estate, and then proceed to truly screw it up is mind boggling.

I commend you for knowing what you don’t know.
 
  • Like
Reactions: 00aubie
IANAL, but it is probably safe to assume that you will have to split the bond money with the SIL as she is likely your uncle's heir. But you should talk to an attorney. Failure to do this right will cause you headaches down the road and maybe even legal problems. Spending a couple of hundred bucks to talk to a legal expert will be some of the best money you ever spent. There are a lot of lawyers here on the bunk who may be able to point you to an attorney who could help. @CJ3131 @MCTIGgER IV @MattAU05
Goood luck wit @CJ3131.
Suppozedly he wuz seen this morning at 3 am. driving a PONTOOOOOON BOAT wit about 20 chikkkkz in it around LAKE RAYBURN. And git this------------------hiz boat haz a 40 foot BLACK LIVES MATTER FLAG in the rear and a BOB MARLEY FLAG in the FRUNT!!!!!!

@crococile22
@Ruxpin
 
IANAL, but here's how I would look at it if I were your friend. Who got the parent's desk when their will's were settled, him or the brother?

Sounds to me like the contents of the desk automatically go with the desk.
 
The amount of attorneys (who aren’t estate attorneys) who make a will for a friend or help with an estate, and then proceed to truly screw it up is mind boggling.

I commend you for knowing what you don’t know.

I wouldn’t even draft my own will. I definitely know what I don’t know. I’ll have clients call me and ask about other issues (property disputes or probate or whatever) and I always explain that it is like asking a primary care doctor to perform heart surgery. Sure, I have a general idea and could poke around and kind of figure it out, but is that really what you want? And then I’ll refer them to someone who knows what they’re doing.
 
I’m spit-balling here and haven’t verified any of these thoughts off the top of my head, so please consult an attorney and don’t rely on me for legal advice, but even if they were bearer bonds, they were part of the estate if they were in the decedent’s actual or constructive possession at death. And even if the will doesn’t mention them, it either has a residual clause (pertaining to all other property of the decedent), or they should have been distributed as part of the estate outside the will (I.e., as if there was no will).

There would be a statute of limitations applicable to any effort to redeem them, but presumably it starts running from the time they were unlawfully possessed (which would probably be deemed to be the point when your friend attempted to cash them, not when he found them). So if it’s 7 years, he could face charges of theft or misappropriation or the like (so criminal, not just civil liability) for 7 years. There may be an even longer period if it’s deemed he acted deceitfully. Just depends on a whole variety of state laws. That’s an awfully long time to risk someone not finding out you suddenly got an extra $50k.
 
His brother's wife.... don't know if she'd have any legal claim to the bonds.

He's even afraid to go to an attorney because he thinks the attorney will notify the SIL. I told him I didn't think that was how a lawyer worked, but he's trying to find out errything on the down-low.
If he goes to his own attorney (rather then the sister-in-law’s or the estate’s), the attorney shouldn’t be entitled to contact the SIL without his consent. But you want to make sure the attorney doesn’t have a conflict of interest with either before engaging him or her.
 
If he goes to his own attorney (rather then the sister-in-law’s or the estate’s), the attorney shouldn’t be entitled to contact the SIL without his consent. But you want to make sure the attorney doesn’t have a conflict of interest with either before engaging him or her.
Now this is some good ol’ advice.
 
IANAL, but it is probably safe to assume that you will have to split the bond money with the SIL as she is likely your uncle's heir. But you should talk to an attorney. Failure to do this right will cause you headaches down the road and maybe even legal problems. Spending a couple of hundred bucks to talk to a legal expert will be some of the best money you ever spent. There are a lot of lawyers here on the bunk who may be able to point you to an attorney who could help. @CJ3131 @MCTIGgER IV @MattAU05


I am catching up Big Blue--been a hell of a long day and I just got back in--actually is tomorrow now.

I bet some of these fine lawyers have helped out.

I need to lay down after I find my puffer, Big Blue.

Just did not want you to think that I ignored this but again, I have not even read the OP.
 
  • Like
Reactions: Big Blue
Goood luck wit @CJ3131.
Suppozedly he wuz seen this morning at 3 am. driving a PONTOOOOOON BOAT wit about 20 chikkkkz in it around LAKE RAYBURN. And git this------------------hiz boat haz a 40 foot BLACK LIVES MATTER FLAG in the rear and a BOB MARLEY FLAG in the FRUNT!!!!!!

@crococile22
@Ruxpin


Doc!!!

Please! Yesterday was a day from hell.

I just got in and Mama Bruin is furious at me.

I will fax you about the mess I am in later today--ok.

I may need to hire @Henrytd20 to get me out of this current mess I am in and none of it is my fault!
 
  • Wow
Reactions: Henrytd20
Doc!!!

Please! Yesterday was a day from hell.

I just got in and Mama Bruin is furious at me.

I will fax you about the mess I am in later today--ok.

I may need to hire @Henrytd20 to get me out of this current mess I am in and none of it is my fault!

You Know I am here for you PB. You probably had the best of intentions.

I'm already working on my oral argument for you. I think I'm going to work this in at the end...

Some men see things as they are and say "why?". Papa Bruin dreams things that never were and says "why not?!"

We will get this worked out!!
 
  • Love
  • Haha
Reactions: Big Blue and CJ3131
You Know I am here for you PB. You probably had the best of intentions.

I'm already working on my oral argument for you. I think I'm going to work this in at the end...

Some men see things as they are and say "why?". Papa Bruin dreams things that never were and says "why not?!"

We will get this worked out!!


tenor.gif
 
Here ya go OP:




If no survivor is named on the bond, and no court is involved​

The instructions in this section are for the situation in which no person named on the bond is living and all of the following are true. The estate of the person who died (or who died last if two people are named on the bond)

  • has not been and will not be formally administered through a court
  • has not been and will not be settled under special provisions of state law relating to small estates
  • contains bonds totaling $100,000 or less in redemption value as of the date of death
For a paper bond, when no survivor is named and no court is involved, the person or people who are entitled to request disposition of the paper bond must follow these steps:

  1. Fill out FS Form 5336 (download or order).
  2. Sign the form in the presence of a certifying official (as explained on the form).
  3. Pack up
    • the bond and completed FS Form 5336
    • proof of death of all deceased people named on the bond (we don’t return a death certificate or other legal evidence)
  4. Mail the package to
  5. For Series EE and Series I bondsFor Series HH bonds
    Treasury Retail Securities ServicesTreasury Retail Securities Services
    PO Box 214PO Box 2186
    Minneapolis, MN 55480-0214Minneapolis, MN 55480-2186
If the bonds are being distributed to the persons entitled, rather than paid to the voluntary representative, additional forms may be necessary.

Depending on the transaction requested, additional forms may be necessary.

If a court or state law is involved​

Note: If an estate contains Treasury securities (including savings bonds) that total more than $100,000 in redemption value as of the date of death, the estate must be administered by a court.

If a court is involved, you might have one of these situations:

  • the estate is being settled under special provisions of state law
  • a court-appointed representative is in charge of distributing the estate
  • a court-appointed representative was in charge but has been discharged before the bonds are distributed
For details on handling bonds in these situations, see "Court-Appointed Representatives."
 
It would make the most sense, to go ahead and bed the sister in law. Once she’s in love, she’ll worry not about some silly bonds. Problem solved, and it didn’t cost him a dime.
Or have sects with her dad
 
ADVERTISEMENT