lost sibling

[aileen53]

I am trustee/executor to my dad's estate. Problem I have is finding my brother who disappeared after being released from prison in 2006. So far all leads have lead to dead end. How long is his share of the estate held before being released to his children?
And if he signed away parental rights to two of his children in 1998, do they inherit whatever his share is?

 

[army judge]

I don't know whether dad left a trust or a will. But, I need notbe told. I suggest you seek legal advice. As the trustee, administrator, or executor; your duties are driven by the law in your state and directed by the words in the document.

If you do the wrong thing, mistakes could be very costly to you. You should consult an attorney, before you proceed. The costs can be borne by the proceeds from the estate, in most cases.

You have a fiduciary duty to locate your brother, or determine if he's deceased. The parental rights, allegedly given up, have no bearing on his issue to receive his share, should he be debased.

You desperately need legal advice, or you could relinquish your duties.

 

[aileen53]

My dad had a trust. I do have an estate lawyer but he keeps saying hes never hsd a case like this. Yes I know its odd, but its true. He said he would ask one of his associates. In the mean time one sister and I are scouring the internet finding the same info over and over. Nothing concrete.. We dont have his social security number and that makes it more complicated. I can only assume if we have exhausted all our leads his share will sit in a bank account for how ever many years it is before you are declared dead. I refuse to exhaust all the funds of the estate trying to locate who doesnt want to be found. Doesnt seem right.

 

[army judge]

Well, if you choose that course, and he isn't dead, there could be trouble when he gets wind of your choice.
You may feel it incorrect, but your feeling doesn't trump the law.
Have you considered hiring a private investigator?
He can be located.
How?
He has a prison record and a criminal conviction.
A PI would cost far less than an attorney.
A good PI could find a guy like this within a week.
Ask around. Do the right thing.

 

[disagreeable]

If his children want to inherit, they need to have dad declared legally dead. Otherwise, you could be subject to recourse on any disbursement.