Conservatorships And Estates For Missing Family Members
Unfortunately, family members go missing for a variety of reasons, leaving their next of kin wondering what to do with their estate. In Florida, you may petition the court for a conservatorship over that family member in order to handle their estate. This process can be painful and confusing. The guidance of a seasoned estate attorney is crucial to a smooth process.
At Wyrough Law Firm, our head attorney has over 20 years of helping families with estate issues like conservatorships. We provide clear explanations of the law and take the time to listen to your questions and concerns throughout the process. We will help you find the answers you are looking for.
Understanding The Purpose Of A Conservatorship
Unlike a guardianship, a conservatorship does not give you any power to make decisions regarding the person or their care. The purpose is only to handle the person’s estate. When someone goes missing, and you have good reason to think they either will not come back or they are missing due to mental incapacity, someone must take care of their estate. The court defines that person as an “absentee.”
Often, the court uses this process when someone is missing and presumed dead, such as in the case of a soldier who is missing in action. As a family member, you can petition the court with evidence that you have an interest in the absentee’s estate, list all immediate family members and your evidence regarding the absentee’s disappearance. You must show the court why you should be appointed the conservator and give a summary of the assets in the estate.
This task may sound daunting, but we can help you prepare your petition and locate the supporting documents you need. We can represent you at the hearing and help you fulfill your duties as a conservator.