What to do if my grandma passed away recently and he wrote a Will that her 4 children would divide everything equally but 1 can’t be contacted?

UPDATED: Mar 26, 2012

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What to do if my grandma passed away recently and he wrote a Will that her 4 children would divide everything equally but 1 can’t be contacted?

She had two properties one that was completely paid off that she used for collateral towards the other house. We have continued to pay since her death. We are having money troubles right now and can no longer afford to pay we are not interested in the house that is not paid for we just want find some way to get out from under the lean. And keep the house that is paid for. We have not been through probate and one of the inheritors is missing she has been for over a year.

Asked on March 26, 2012 under Bankruptcy Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First I suggest that you consult with a Wills and trust attorney to assist you in the matter that you are writing about to see what can be done to sell the one property subject to the loan or to try and refinance it. The Will may set forth what powers the executor/executrix may have as to selling or refinancing the real property. You might need to get a court order to allow the one property to be sold issued through the probate court.

If one of the beneficiaries under the Will cannot be located by you, perhaps hiring a private detective to do a locate of this person is an option. Another option is to go online and do a search. There are several sites where a person pays $35.00 or so for a 24 hour period to get information to locate a particular person such as mailing address and telephone number.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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