Legal Question in Wills and Trusts in Massachusetts
Missing Heirs
Mom died and left her home to be divided among her four children. One is a felon at-large, with warrants for his arrest, and his whereabouts unknown. What should my sister and I (co- executors) do about his share of the home, after it is sold? Is there a statute of limitations on holding his money? Is the estate kept open until he surfaces? Should his share be divided among the heirs that are locatable? Can he forfeit his share somehow because of his status? What about claims made to the estate for money he owes others?
Thank you for your comments.
1 Answer from Attorneys
Re: Missing Heirs
You should file an absentee petition and pay the money to the court appointed
receiver. The receiver will use the money to pay his expenses and debts and save
the rest for your brother.