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My mom passed away and her home is in probate but one of my brothers can't be located?

3 Answers

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  • ?
    Lv 6
    8 years ago
    Favorite Answer

    The executor or administrator of your mom's estate must hold onto your brother's share of any property he's entitled to and diligently hunt for him: the estate must pay the expense of looking for him. I suggest that if your brother can't be located within six months and has been out of contact for more than a year, the executor or administrator should show the court that he/she tried and couldn't find him and ask the judge what to do with the brother's share.

    If the problem is that the home needs to be sold for some reason and your brother can't be found, the executor or administrator of the estate should ask the court for permission to sell the home.

  • 8 years ago

    That is up to the State investigators and legal team. There is a probate set time limit. If it goes past that, your brother is out of luck, unless he has a lawyer or is institutionalized for a disability or a member of the witness protection program.

  • 8 years ago

    It does not matter, if she left a will then the property gets divided up according to the will. If she did not, then the property gets divided up according to state law. Unfortunately if there is no will then the only real way to divide things up is to sell it all and divide the money.

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