[WSBAPT] Small Estate Affidavit Question

[Jill H. Sasser]

I don’t think so (unless the missing person had a POA or guardian).  I think I would file a probate proceeding, and then either pay the missing person’s share into the court registry (I imagine the value is pretty small), or send it to unclaimed property.  There are also statutes that authorize the appointment of a GAL, and that deal with missing persons, but I imagine the proceeds are pretty small in this case, so I would look at some cost-effective options that also protect the missing person’s rights.  If you want to call me with more information, I’d be happy to go through the statutes with you to see if we could come up with a better solution.

Good luck!
Jill


Jill H. Sasser | Attorney at Law
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Nugent
Sent: Tuesday, July 19, 2016 2:52 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Small Estate Affidavit Question

I am handling a case where the estate consists of a mobile home and few small bank accounts.  I would like to use a small estate affidavit and have all of the successors sign off on the plan.  However, one of the four successors entitled to the property is missing.  He has not been heard from in about five years.  An investigator was hired to find this missing person but found nothing.

Can I proceed with a small estate affidavit in this situation?

Thanks for any advice you can share.

[Jennifer Nugent]


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