How To Locate An Unresponsive Beneficiary

When thinking about probate, it is easy to assume that all beneficiaries would willingly come forward to claim their inheritance. However, this does not always happen. Beneficiaries may have moved far away, lost touch with the decedent, or simply do not want to come forward to claim their inheritance. Unresponsive beneficiaries can complicate the probate process and create delays. Below, our Daytona Beach estate administration lawyer outlines the issues caused by unresponsive beneficiaries and how to resolve them.

How Do Unresponsive Beneficiaries Impact Probate? 

It is natural to think that unresponsive beneficiaries are only impacting themselves and their potential inheritance, but this is not true. Unresponsive beneficiaries impact probate in a number of ways, including:

• Notification delays: State law requires beneficiaries to acknowledge that they have received official notice of probate proceedings. If a beneficiary fails to do this, the court may order the personal representative to use other means to notify them. This may include publishing a notice in a newspaper or hiring a private investigator to locate the beneficiary.
• Delays with asset distribution: Beneficiaries must typically sign documents relating to the distribution of the estate’s assets. If a beneficiary is unresponsive, it can cause other beneficiaries delays with receiving their inheritance.
• Additional expenses: Legal fees, court fees, and other expenses such as hiring a private investigator can add up when trying to locate an unresponsive beneficiary.

Locating an Unresponsive Beneficiary 

Personal representatives are required to work with an attorney in Florida and a lawyer can help mitigate some of the issues unresponsive beneficiaries present. These include:

• Using other means to confirm notice: If a beneficiary does not accept a certified letter, the court may allow for courier delivery with proof of signature as sufficient notice.
• Conducting a search: If the beneficiary cannot be located because their contact information is unknown or out of date, a lawyer may be able to help locate them. This may occur through a computer search or by working with a professional locating service.
• Seeking a court resolution: If many efforts have been made to locate a beneficiary and they are still unresponsive, it may be necessary to involve the court. The manner in which the court responds depends on the county and the specific judge overseeing the case. The court will either order additional locating efforts or, if the judge finds that best efforts have been made, they may allow probate to move forward despite the lack of response from the beneficiary.

Our Estate Administration Lawyer in Daytona Beach Can Help 

As a personal representative, dealing with an unresponsive beneficiary only adds stress to the probate process. Fortunately, you do not have to go through it alone. At Bundza & Rodriguez, our Daytona Beach estate administration lawyer can guide you through the probate process, handle issues as they arise, and make proceedings as easy as possible for you. Call us now at 386-252-5170 or contact us online to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html