Legal Question in Wills and Trusts in North Carolina
My father died and I received a notice of beneficiary from the State of North Carolina, my brother was also left half of the property (a home) in his will. My brother is homeless, has no address or phone. How will he be notified and how will this affect the estate in probate if he cannot be found? I want the process to be speedy so I can sell the house and give him half the money. He lives somewhere in Maui.
1 Answer from Attorneys
You do not share the relevant details. Who is the executor? It is the executor's duty to find the heirs/beneficiaries and distribute their share of the estate to them.
Their are services that specialize in finding missing heirs. If need be, the executor will hire a private detective. If your brother still cannot be located, then his share of the estate assets can be paid over into court and they can hang onto the money.
An executor of the estate can petition the court to sell the home if such authority is not provided for in the will. You, if you are just a beneficiary, cannot sell the home within 2 years of the date of death of your father unless you make the executor part of the sale. In order to sell your brother's share however, a guardian ad litem is going to need to be appointed for him unless he can be located and give you a power of attorney.
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