Estate Law Questions? Ask an Estate Lawyer.
Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction! Can you please provide me with some more detail so I understand the question? Thanks! Also, if you can provide your state, too.
It appears that you have gone offline. When you return, if you can provide that information I will do my best to get you the information you need. Thanks.
The state I currently reside in is Oregon. I just wondered-I havent met all my relatives~they are many. I've had interesting news about myself that I cannot discuss with you, however
Oh, that does sound interesting - but yes, this is a public forum so that is wise. If you expect that someone has passed and you are the heir, then you will be notified by the executor/trustee/personal representative. If they aren't aware of your address, they have to exercise "due diligence" to locate you - this includes hiring a Private investigator if the amount warrants it.
If you know where the decedent resides, generally a will is filed with the probate court (sometimes called surrogate's court) in the county where they last resided.
If it is a trust, there is no requirement that it be filed publicly (that is the purpose of a trust - no public exposure of personal affairs).
If it is possible that you think the inheritance would "escheat" to the state, you can check an online source for any money; but generally that only happens if a heir has truly disappeared.
What is the amount of money required for due diligence? What is the length of time the PI would search before he would "escheat" to the state? If I was not contacted of the decedent's passing on purpose nor notified of the reading of the will/trust for vicisious reasons, and would like to be there because of relationship, what legally could I do?
It would depend on the amount of money involved. For example, if it was $1,000, the court would probably do a newspaper publication and leave it at that. If it was involving real property or a substantial sum of cash, then a private investigator. It depends on the state law where the decedent resided as to how much time before it would escheat. And since in all states the heirs have a right to be notified (and the trustee/executor/PR has a fiduciary duty to act with due diligence) the omitted heir would have a cause of action (breach of fiduciary duty; negligence) against the individual for any economic harm suffered i.e. lost inheritance.
Thank you. The information I have received, has been most valuble.
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