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If an heir is unlocatable and unable to sign their warranty…

If an heir is...

If an heir is unlocatable and unable to sign their warranty deed how can we move forward with filing a title that includes their portion

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Arkansas

Lawyer's Assistant: Has anything been filed or reported?

We had all the warranty deeds prepared for all the heirs for the property. But because we were unable to contact this particular heir we have not been able to get Title.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The heir we cannot locate has 1/8 interest in the property. The property is farm land that has been in the family for over 100 years.

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Answered in 1 minute by:
1/8/2018
Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 63,664
Experience: Licensed attorney helping individuals and businesses.
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Hello and welcome. I am working on your answer and will be right back!

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Can have an escrow agent who will hold title for that person's benefit.

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Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 7 months ago
If the property is not for sale at this time why do we need an escrow agent? We just want to be able to get a title deed showing the division of the heir property.
The deed can include this person. If there is nothing to distribute not an issue yet. If there is a sale that share would be held pending locating person. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 7 months ago
The County recorders office would not file the Title including this person with a signature from them on their warranty deed for their portion.
Customer reply replied 7 months ago
that was without a signature from them on their warranty deed for their portion
Court can allow someone else to sign on application.
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Signing as poa for his benefit.
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Customer reply replied 7 months ago
can that process be handled here in California and sent to Arkansas to record the Title for the property.
martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.Please select the 5 star (*****) rating on your page for the answer. Happy new year!
Infolawyer
Infolawyer, Attorney
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Satisfied Customers: 63,664
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