What Happens When The Whereabouts Of An Heir To The Estate Is Unknown?

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When an heir or legatee is known to the executor to have existed at some time in the past but has not been seen or heard from in some time, then the court must appoint an attorney at law to represent the absentee heir or legatee and their interest in the estate.

What Does The Attorney Appointed To Represent The Legatee Or Heir Actually Do?

The attorney appointed to represent the legatee or heir must make every necessary effort to identify and locate the absentee heir or legatee in order to inform them of the death of the decedent and their possible interest in the estate of the succession. The attorney appointed to represent an absentee heir may have to place an ad in the newspaper, perform an internet search for the absentee heir, or do anything else which might lead to the location of the absentee.

Once the absentee has been located, the attorney will represent them in the estate and succession matters. The attorney will also defend the interest of the absentee in all contradictory proceedings and take any action necessary to protect the interests of the absentee heir or legatee in the estate, including the filing of any necessary suits. If the attorney cannot locate the absentee heir, they will have to report that to the court and continue to monitor all court proceedings in such a way as to protect the interests of the absentee heir who could be found at a later date.

Does The Attorney Appointed To Represent The Absentee Receive Any Compensation For Their Work?

The attorney appointed to represent an absentee is compensated for the work they put into trying to locate and represent that absentee’s interests. The attorney will be paid a fee from the funds of the estate.

What Happens If A Beneficiary Cannot Be Found?

If a beneficiary can not be found, the fiduciary is obligated to use reasonable diligence to locate them. Different search methods can include:

• Calling the last known phone number.
• Sending a written notice.
• Contacting other family members or friends who may know their whereabouts.
• Newspaper notices.
• Social media.
• Researching property records.

Depending on the value of the inheritance amount, the fiduciary is required to spend a significant amount of the estate or trust’s money to find unlocatable heirs. Once all resources are exhausted, and reasonable diligence doesn’t lead to the location of the missing beneficiary, it may be necessary to petition the court to allow a preliminary distribution to the known beneficiaries.

This is best done with the oversight of a beneficiary lawyer who is experienced in these matters, as it will ensure that the process is done accurately and efficiently. Whether you are the fiduciary or not, this is an essential step in successfully managing the decedent’s estate.

What Are The Duties Of An Executor Or An Administrator Of An Estate In Succession In Louisiana?

An executor or administrator of an estate in Louisiana has many duties, which may cause people to hesitate in accepting this role. One responsibility of an executor or administrator is to collect, list, and be prepared to present a list of all of the estate or succession property to the court in a timely manner. During the course of the administration of the estate, the executor or administrator must enforce all obligations in favor of the estate or succession, as well as preserve, repair, maintain, and protect all of the estate or succession assets. If the executor or administrator receives any money, then that money must immediately be deposited into a government-insured account.

With certain restrictions, an executor or administrator may invest estate succession funds or continue to operate a business for the benefit of the estate in succession. For example, if the deceased person had a business that is ongoing and has employees, then the executor or administrator will be obligated to maintain that business. With certain restrictions, the executor or administrator may also grant a lease on succession property or perform duties required by a contract that was in existence when the decedent died. For example, the decedent may have had a contract to sell their car but had not yet signed the bill of sale. Under such circumstances, it would be the executor or administrator’s responsibility to sign the change of registration papers. The executor or administrator may borrow money to preserve the estate or succession’s property and to pay its debts. This too carries certain restrictions. Specifically, the executor or administrator would have to locate those debts and be prepared with money from the succession to pay them in due course as the administration of the estate continues.

For more information on Absentee Heirs In A Succession In Louisiana, a free case evaluation is your next best step. Get the information and legal answers you are seeking by calling (225) 228-3450.