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Wills, trusts and estates

Part of the common law series

Wills

Wills (legal history) Joint wills and mutual wills Will contract · Codicil Holographic will · Oral will

Sections Attestation clause Residuary clause Incorporation by reference

Contest Testamentary capacity Undue influence Insane delusion · Fraud

Property disposition Lapse and anti-lapse Ademption · Abatement Acts of independent significance Elective share Pretermitted heir

Trusts

Express · Constructive Resulting

Common types Bare · Discretionary Accumulation and Maintenance Interest in possession Charitable · Purpose · Incentive

Other types Protective · Spendthrift Life insurance · Remainder Life interest Reversionary interest Honorary · Asset-protection Special needs (Supplemental Needs)

Governing doctrines Pour-over will Cy-près doctrine

Estate administration

Intestacy · Testator · Probate Power of appointment Simultaneous death · Slayer rule Disclaimer of interest · Inheritance tax

Related topics

Living will (advance directives) Totten trust

Other common law areas

Contract · Tort · Property Criminal law · Evidence

v • d • e

Missing heirs are persons 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, search 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 heris.^[1]

There are many missing heirs search companies, which normally charge a contingent fee.^{[citation needed]} They exist in states such as Florida^[2],^[3],California^[4], Texas^[5], and Connecticut^[6]. They are also located in the UK.^[7]

[edit] References

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