Missing Beneficiaries
When acting as the executor of an estate there are many duties and deadlines that need to be considered. An important aspect of the role is knowing addresses and contact information for all beneficiaries and parties involved to properly serve and distribute items when administering the estate. The step of locating the beneficiaries is usually an easy one, but not always!
What exactly is a “missing beneficiary”? Let’s break it down with some examples… Family dynamics can change over time, and if your Will is not updated as life changes – a beneficiary could be someone you have lost contact with over the years and have failed to remove from your documents. In some cases, a person may pass away without a Will and based on the Intestate Succession Laws in their region, their estate could be entitled to a family member that they have been estranged from… (Having an up to date Will is very important to avoid these situations and to have a say in what happens to your estate.) A missing beneficiary is exactly how it sounds – a beneficiary that the executor is unable to locate to properly serve. What happens if a beneficiary has unknown whereabouts and has no contact with family or friends? What exactly is the executor’s duty in these situations?
Missing beneficiaries can be more common than you may think and can prove to be a challenge to the estates administration if not handled properly. However, it’s the executor’s duty to track the missing beneficiary down, or to prove to the court that everything has been done to locate them. There are multiple methods you can use to try to locate the missing persons, we will take a deeper look into these methods below.
Talk to all family members and friends that may have information. You will need to put on your detective hat! See if anyone has any information as to when the missing beneficiary was last heard from, the last location they were known to be in, or if anyone else is known to have had contact with the person(s). Conversations with family members and friends will often point you in the right direction as to where to begin with your search.
Advertise in a local publication. If you know the region or city the person was last known to be in or frequent, put an ad in the paper or an online outlet in hopes that they will come forward. If the missing persons themselves don’t come forward, this step can also lead to some helpful leads to steer you on the right path.
Post a Notice to Creditors for the deceased’s estate. A Notice to Creditors can be done online through NoticeConnect and allows the missing individual the opportunity to search notices posted and come forward. A Notice to Creditors also provides a deadline for creditors to come forward, therefore avoiding potential complications for the estate.
Conduct a search of public records, Notice to Creditors, and Obituaries. The search can be done mostly (if not all) online. Search for the missing persons full name or any names they may be going under. Be sure to get specific and to use all details you may have about the missing individual in your searches to better your chances of finding some answers.
Hire a private investigator. Hiring a P.I is usually the last step taken after all other options have been exhausted. If you can’t find the missing beneficiary yourself, leave it to the professionals to track them down and find their whereabouts!
As you can see, being named an executor sometimes requires a variety of skills and can be a time-consuming role to take on. Are you stressed and don’t know where to begin? If you find yourself needing guidance and assistance in the role of executor, contact us today to book your free phone consultation. Get started with ETP Canada today and let us help ease life after death.
This blog is not intended to be legal advice and should not be relied on as such. If you require legal advice, please contact a legal professional concerning your particular circumstances.