Legal Question in Wills and Trusts in Texas
missing heir
Mother-in-law died leaving three children as heirs. One child has had no contact with other two for 3 years and they don't know where child is. What are steps to locate and can assets be redistributed if not found and after how long?
also- executor of will lives out of the country now. How do you name a new exectutor?
2 Answers from Attorneys
Re: missing heir
Your attorney can use an heir locator service or an online service to locate the missing heir. As for the executor who lives out of the country, that person can simply decline to serve, and the next available executor named in the will takes over. Otherwise, all named beneficiaries can agree to another person serving as executor and get court permission.
Re: missing heir
Get an attorney that's familiar with probate problems. There are agencies that locate missing heirs. The executor can be out of the country and still serve, if they'll appoint an agent for service in the state.
You can't make distribution until all the heirs are accounted for.
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