How To Handle Missing Heirs
Hey everyone, this is Brad from ProbateResource.com. We are a real estate solutions company that specializes in probate and inheritance properties. We buy properties for cash all across the United States and have a great network of real estate agents all over the country who can help you list and sell your property. If you decide to list your property in the traditional way, that’s fine.
Today, let’s discuss missing heirs. Sometimes, an heir to an estate or an overall estate may be missing. Families may lose contact with an heir for various reasons, and to properly probate the estate, efforts must be made to locate that person.
We’ve had cases where a person’s drug addiction caused them to become homeless and estranged from their family, making it necessary to search for them to settle the estate. After she disappeared, the probate court required an effort to be made to find her in order to complete the probate process.
The rules and regulations regarding probate can vary slightly from state to state. Therefore, it is highly recommended to consult with a probate lawyer, especially if the case is complicated and involves missing heirs. If you need a referral to a skilled probate attorney, we can connect you with some of the best probate attorneys in the country.
People Finding Services
Let’s discuss this matter further. In the probate process, if someone is missing, you cannot proceed to the next step until you try to locate them. What should you do in this case? Well, usually, you need to make a reasonable attempt to find them. Most probate courts require you to use certified mail to try to reach them. Additionally, there are people finding services available, and most attorneys have access to a software called LexisNexis, which is a computer program that helps you find people.
LEXISNEXIS is a subscription-based platform that provides access to personal data of individuals. It is not easily obtainable and requires a rigorous process to gain access. This platform is often used by fraud investigators, attorneys, and private investigators to help track down people. However, LexisNexis is very restrictive about who has access to this data, which is understandable as it contains sensitive information. Many attorney’s offices have a subscription to this platform due to its powerful capabilities and extensive database.
Attorney’s offices are granted access to this information. Essentially, you’ll utilize this resource to identify the last known addresses of the specific individual. They may have stayed in an extended-stay motel or resided with a friend, among other possibilities. Occasionally, there exists a paper trail that could lead to their whereabouts.
You’re required to make a reasonable effort to serve them. At times, you might need to engage a PROCESS SERVER—a professional who serves legal documents to individuals. This could involve certified mail or other methods, contingent upon your state’s regulations. Therefore, consider these ideas as guidance; you’ll need to put in a reasonable effort to locate this person, such as sending letters or hiring a process server.
Attempts To Find The Heir
Depending on the state, there may be several attempts made to reach an individual over a certain period. If after a reasonable attempt, the person cannot be reached, the probate courts may allow you to proceed to the next step. The heir’s percentage of the estate may need to be kept in the estate account or put into a trust account for a specific period of time. The rules vary, so it is always recommended to consult a probate attorney for further guidance.
If you find that some years are missing in a probate situation, it is a more complicated matter that you should not try to handle alone. It is highly recommended that you seek the help of an attorney. The attorney will attempt to reach the missing person, and you will need to keep the money in the estate account. It is not possible to disperse the money out. You will have to hold onto the money for a certain period of time and make additional attempts to contact the missing person.
Private Investigator
In some cases, hiring a PRIVATE INVESTIGATOR may be necessary. I have hired private investigators before, especially when trying to purchase a house. It only costs a few hundred dollars to hire a private investigator. They have the necessary tools and resources to help them find people.
I have hired a PI in the past to try and locate someone. We had a property that had been vacant for years and we needed to find someone before the house was sold at a tax auction. Despite searching, we couldn’t find any leads. Hiring a PI was a good option in such a situation and it proved to be worth it.
Public Notice
It does cost some money, usually a few hundred dollars, to make a reasonable attempt to notify missing heirs via certified mail or process server. There are also other ways to identify and locate these missing heirs to notify them of the probate. Additionally, when you publish a notice to creditors, there may also be a notice of probate filing or a petition of probate, depending on the state you’re in and the rules there. This serves as notification to the general public that the probate process is happening, and it generally has to run for a certain period of time to allow people to come forward. After that period of time has passed, the probate court will allow you to proceed to the next step.
We Can Help
If you have a property that you want to sell quickly and without any hassle, we can help. We buy properties as they are, even if they have junk in them.
Just yesterday, we got one under contract where there were some items left in the house and the heirs didn’t want to deal with it. The property needed some work, but they didn’t have the time or patience to fix it up before selling. This is a common situation we deal with.
So if you’re interested in a fast cash offer for your property, let us know.
They simply wanted a quick cash offer and to be done with the property. They didn’t want to go through the hassle of listing it with a real estate agent, cleaning the house, and making repairs. So we offered to buy it as is, with everything still inside. We take care of everything, and this is something we do on a regular basis. If you’re interested in a cash offer for your property, we’d be happy to make one. However, if you prefer to clean it out, spruce it up, and list it with a real estate agent, we can assist you with that as well.
Let’s Connect
As mentioned earlier in the video, we have an excellent network of real estate agents who specialize in probate and inheritance all across the country. They have a thorough understanding of the process and can assist you in selling your property in your specific market. We would be delighted to connect you with one of our agents that we work with regularly. Thank you for watching this video.
My name is Brad, and I represent probateresource.com. If you’re interested in working with us, please visit probateresource.com and click on the link below in the description. You can also find our phone number on the website, and we’d be happy to discuss your specific situation and guide you in the right direction.