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Wills, trusts and estates |
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Wills |
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A missing heir is a person related to a decedent (dead person), or testator of a will, but whose residence, domicile, Post office, or other address is not known. A missing heir may be an orphan or other person under a disability, who may need a guardian or custodian of funds.
Missing heirs often come up in the context of legal actions involving wills, title to real property, or a quiet title action. A private investigator, probate research firm or forensic genealogist may be hired by the executor, trustee, or administrator to find the missing heirs.
A probate court or surrogate judge may require the service of a citation, notice of petition, summons, or subpoena to the relevant persons who may be missing persons, or may know the whereabouts of such person.
Some courts, such as Suffolk County Probate Court in Boston, actively solicit missing heirs. [1]
Probate research companies specialize in locating missing and unknown heirs.
Under U.S. law, conservatorship is the appointment of a guardian or a protector by a judge to manage the financial affairs and/or daily life of another person due to old age or physical or mental limitations. A person under conservatorship is a "conservatee", a term that can refer to an adult. A person under guardianship is a "ward", a term that can also refer to a minor child. Conservatorship may also apply to corporations and organizations.
Suffolk County is the easternmost county in the U.S. state of New York. It is mainly located on the eastern end of Long Island, but also includes several smaller islands. According to the 2020 United States census, the county's population was 1,525,920 making it the fourth-most populous county in New York State, and the largest outside New York City. Its county seat is Riverhead, though most county offices are in Hauppauge. The county was named after the county of Suffolk in England, from where its earliest European settlers came.
A will or testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy.
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law that determines who is entitled to the property from the estate under the rules of inheritance.
In property law, title is an intangible construct representing a bundle of rights in (to) a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership. Conveyance of the document may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it. In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information.
An executor is someone who is responsible for executing, or following through on, an assigned task or duty. The feminine form, executrix, may sometimes be used.
Wills have a lengthy history.
Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at time of death in the absence of a legal will.
In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one person owns the same property, they are commonly referred to as co-owners. Legal terminology for co-owners of real estate is either co-tenants or joint tenants, with the latter phrase signifying a right of survivorship. Most common law jurisdictions recognize tenancies in common and joint tenancies.
In the law of property, a pretermitted heir is a person who would likely stand to inherit under a will, except that the testator did not include the person in the testator's will. Omission may occur because the testator did not know of the omitted person at the time the will was written.
Suffolk University Law School is the private, non-sectarian law school of Suffolk University located in downtown Boston, Massachusetts, across the street from the Boston Common and the Freedom Trail, two blocks from the State House, and a short walk to the financial district. Suffolk University Law School was founded in 1906 by Gleason Archer Sr. to provide a legal education for those who traditionally lacked the opportunity to study law because of socio-economic or racial discrimination. Suffolk is the fourth-oldest New England law school in continuous existence.
In United States property law, a cloud on title or title defect is any irregularity in the chain of title of property that would give a reasonable person pause before accepting a conveyance of title. According to Investopedia, a cloud can be defined as: "Any document, claim, unreleased lien or encumbrance that might invalidate or impair the title to real property or make the title doubtful. Clouds on title are usually discovered during a title search." Clouded title can thus be contrasted with a clear title, which indicates that a property is unencumbered.
The Superior Court is the state court in the U.S. state of New Jersey, with statewide trial and appellate jurisdiction. The New Jersey Constitution of 1947 establishes the power of the New Jersey courts. Under the State Constitution, "'judicial power shall be vested in a Supreme Court, a Superior Court, County Courts and inferior courts of limited jurisdiction.'" The Superior Court has three divisions: the Appellate Division is essentially an intermediate appellate court while the Law and Chancery Divisions function as trial courts. The State Constitution renders the New Jersey Superior Court, Appellate Division the intermediate appellate court, and "[a]ppeals may be taken to the Appellate Division of the Superior Court from the law and chancery divisions of the Superior Court and in such other causes as may be provided by law." Each division is in turn divided into various parts. "The trial divisions of the Superior Court are the principal trial courts of New Jersey. They are located within the State's various judicial geographic units, called 'vicinages,' R. 1:33-2(a), and are organized into two basic divisions: the Chancery Division and the Law Division".
Probate research deals with finding heirs and proving their right to an inheritance. In some estates there may be no known heirs, or there may be missing heirs whose names are known but their contact information is not. There also may be known heirs from one part of the family, but another part of the family may be unknown. In all these instances, professional probate researchers work to trace the next-of-kin.
In common-law jurisdictions, administration of an estate on death arises if the deceased is legally intestate, meaning they did not leave a will, or some assets are not disposed of by their will.
Heir Hunters is a BBC television programme focusing on attempts to find missing or unknown heirs, entitled to deceased people's estates before the British Treasury lawfully collects the money. The show follows the work of probate researchers from a number of different firms to show how the results of time-consuming research turned out. The main firms followed have been Fraser and Fraser, Celtic Research and Finders International.
A probate court is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. In some jurisdictions, such courts may be referred to as Orphans' Courts or courts of ordinary. In some jurisdictions probate court functions are performed by a chancery court or another court of equity, or as a part or division of another court.
The Circuit Court of Cook County is the largest of the 24 judicial circuits in Illinois as well as one of the largest unified court systems in the United States — second only in size to the Superior Court of Los Angeles County since that court merged with other courts in 1998.
The Pettiward Estate is a privately owned set of reversions in the far edge of two inner boroughs of south-west London, England, now owned by a family trust of the family, who were from 1794 until 1935 of Finborough Hall, Suffolk. The family oversaw and took a direct involvement in much of the speculative development of these areas: parts of West Brompton and small parts of Putney.
The Court of Missing Heirs is an American old-time radio human interest drama. It was broadcast on CBS October 11, 1937 - September 29, 1942 and on ABC March 31, 1946 - April 6, 1947. It also went by the titles The Board of Missing Heirs and Are You a Missing Heir?