Missing Heir - If the Personal Representative cannot find the missing heir after the sale he or she can get court permission to deposit that share with the clerk of the court. There it would sit for six months, following which the clerk would send it to the Unclaimed Property agency of the state. If after seven years there it is still unclaimed, it’s “finders keepers” for the State of Florida – it “escheats” to the state, and goes to feed some bureaucracy somewhere.

Incompetent Heir – This could be either an heir with a mental disability or “the disability of nonage” – in other words, a minor. If the incompetent heir has a legally appointed guardian, that guardian can receive the heir’s share of the proceeds from the estate. For minors, small inheritances (under $15,000 in Florida, different amounts in other states) can usually be received by a parent as a “natural guardian” but over that amount will require a legal guardianship. For adult incompetent heirs without a legal guardian, sometimes there is a family member holding a durable power of attorney that may suffice for that purpose. If there is no legally sufficient power of attorney and no legal guardianship, often the probate court will require that a legal guardianship be set up in the state and county where the incompetent heir resides.

<<Back to Articles