Legal Question in Wills and Trusts in Florida

Heirs

My Grandfather died recently. The division of assets is divided between the children and the grandchildren. The question . . . My oldest sister has had no contact with anyone in our family for 3 years. If she is not found (a professional search has been done - to no avail and certified letters have been sent to previous known addresses) what is done with her share? Can the PR set up a trust or escrow account for her portion or does it get distributed to the ''found'' heirs? I've looked at FL Probate and don't quite see this addressed. Any suggestions are welcome. Thanks


Asked on 2/13/06, 3:53 pm

1 Answer from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: Heirs

Once the Personal Representative convinces the probate judge that the person cannot be found, it should be paid into the registry of the court (paid to the clerk of court). It will then be available to her if she shows up over the next years. Ultimately, unless it can be shown that she had died, it would escheat(go)to the State of Florida.

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Answered on 2/13/06, 5:01 pm


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