A will without a recipient?!?

Question

Okay, so if a will is made out to all of a father´s children and has no contact with the children... and no idea of their whereabouts.... what happens? Are they still entitled to their inheritance.... how would they be found?

Answer 1

Inheritance laws vary by state. The executor of the will is responsible for making an effort to locate heirs. What happens if no heirs are located is that the estate will go to the state.

"No heirs" also includes those entitled to the estate if the named heirs cannot be located.

Laws vary by state but that's the general process.

"No contact" is irrelevant regarding the right to an inheritance.

Answer 2

Dear Emma

In answer to your legal question, this comes under The Law of Probate and there are many diffrent courses of action which can take place.

Under The law of Probate, there are two way's in which Probate can be obtained in favour of a benefactor:-

1st.....There is the making of a ` Testamentory Will '. and

2nd.....There is the taking out of ` Letter's of Administration '

If a Father, or Mother makes out a Testamentory Will in favour of any Children, or Person whether in contact, or not with the help of a Solicitor, or Lawyer, then the Solicitor, or Lawyer will make contact with those benefactor's via The Media News Paper's.

However, if no Solicitor, or Lawyer as taken part in the drafting of The Testamentory Will, then contact can still be made with the benefactor's via The Media News Paper's.

All person's who are cited in a Testamentory Will are entitled to there Inheritance unless The Testamentory Will is resinded in some way by a High Court Judge sitting in The Probate Division of the High Court of Justice.

Just because any children have not been seen for many years, this does not stop them from Inhertiting under either there Mother, or Father's ` Testamentory Will '.

I therefore trust that this answer's your legal question.

Regards

MR STEVEN NEWBERT JP
HER MAJESTY THE QUEEN'S
JUSTICE OF THE PEACE
for
ENGLAND & WALES

Answer 3

Yes, they are still entitled to their inheritance. The executor or administrator of the estate has to make a good-faith effort to find them. It's not all that difficult, they usually have a mother, grandparents on both sides, cousins, etc., who know where at least one is, and that one usually knows where the siblings are.

If any have died with children surviving them, depending on how the will is worded, the children might be entitled to their parent's share (and so on down the line to grandchildren, greatgrandchildren, etc.).

If the children are all dead and left no children of their own, the estate will go to the next in line in that state's descent and distribution (heirs at law) law. If no living relative is found, and there is is no provision for that in the will, the estate will be converted to money and will go to the state, but the heirs can always claim the money if they find out about it.

These days, it's pretty hard to disappear permanently without a lot of effort.