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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 36178
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My mother died and left her property to 3 of her sons. One

Customer Question

My mother died and left her property to 3 of her sons. One son was last thought of to be in San Antonio and we have been unable to reach him. How do we bring closure to the property? My brother and I do not want to keep the property.
JA: Estate laws vary by state. What state are you in?
Customer: Tennessee
JA: What documents or supporting evidence do you have?
Customer: Her last will and testament.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not sure, never been in this situation.
Submitted: 5 months ago.
Category: Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Does the will state that she is leaving the property to all 3 sons, or that the property is to be divided equally between the sons? (there is a difference)

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Or does her will just state that her estate is to be divided evenly?

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thanks

Barrister

Customer: replied 5 months ago.
Divided evenly. There is no drama other than we have a missing brother who we have no idea where he is.
Expert:  Barrister replied 5 months ago.

Ok, good. When it says "divided evenly" that doesn't mean that the house has to be deeded over to the 3 sons. So here, the executor can just sell everything, and divide up the money. The two brothers get their portion and the executor then can turn over the missing brother's money to the probate court clerk. They will hold it for a period of time in escrow to see if brother show up to claim it. Then they will turn it over to the state unclaimed property office where they will sit on it indefinitely waiting on him or his heirs to show up and claim it.

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thanks

Barrister

Customer: replied 5 months ago.
Excellent. Thank you for your time.
Expert:  Barrister replied 5 months ago.

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating by clicking on the stars, smiley faces, or numbers on your screen as that is the only way I receive credit for my work.

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Have a great evening!

Barrister