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?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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