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Missing Heirs in a Probate Case

Nashville Blog 2016 October Missing Heirs in a Probate Case
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Missing Heirs in a Probate Case

Posted By David Whittaker, Attorney at Law || 6-Oct-2016

Generally, when someone passes away the probate process is rather straightforward. The probate court appoints a personal representative to administer the estate, then he or she pays off the estate’s debts and taxes and distributes the remaining assets to the beneficiaries.

However, not all estates are closed that easily. There’s always the possibility that one of the heirs is missing and out of touch with the family. Perhaps the heir was the decedent’s son and they had a falling out years earlier. Or, perhaps the heir was never one to be “in touch” with the family and he supposedly took off to Mexico or Canada to marry a non-U.S. citizen and was never heard from again.

Or, perhaps the heir was suspected of having a substance abuse problem, and as the “black sheep” of the family, they sort of fell off the grid. Even if they did have a drug or alcohol problem, the heir may have received treatment and set their life straight, but never picked up the phone because they felt too uncomfortable to make the first move.

Regardless of the reasons why an heir is out of contact with a family, the probate courts still give these missing heirs respect and full consideration. While the deadlines vary from state to state, the basic procedures for locating an heir are fairly standard in all states.

Searching for the Missing Heir

If an heir is missing, the personal representative is expected to put effort into finding him or her, and there are several ways to go about doing this, such as:

  • Conducting an online search by looking for social media accounts, such as Facebook, Twitter, Google +, Instagram, and LinkedIn.
  • Conducting a Google search of the heir’s name.
  • Hiring a qualified private investigator.
  • Contacting an “heir finder.”
  • Having the Social Security Administration send a letter prepared by an attorney to the heir’s last known address.

Sometimes the most diligent search fails to turn up the missing heir. When this happens, the inheritance is placed in a trust for a specific length of time according to state law.

If the deadline expires and the missing heir still has not been located, the inheritance would pass to the heir’s next of kin as determined by Tennessee’s intestate succession laws. If no next of kin exists, then the inheritance would pass on to the state of Tennessee.

For further information about missing heirs and how the state handles these cases, I encourage you to contact my Nashville probate firm to schedule a free case evaluation.

Categories: Probate, Missing Heirs

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David Whittaker, Attorney at Law

Call Today: (888) 492-4735

David Whittaker, Attorney at Law - Nashville Probate Attorney
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