Estate and trust administration often turns not on doctrine, but on who the people are and what practical constraints they bring into the process.
This post identifies common person statuses that complicate notice, representation, distribution, or finality—regardless of whether the individual is a distributee under intestacy, a beneficiary under a will, or a beneficiary of a trust.
Outline
- Unknown Persons
- Unascertainable Persons
- Missing or Whereabouts Unknown Persons
- Homeless Persons
- Incarcerated Persons
- Minors
- Incapacitated Persons
- Persons with Apparent but Undetermined Incapacity
- Non-Responsive but Known Persons
- Non-Resident and Foreign Persons
- Persons Deceased After Vesting
- Persons Unable to Be Located for Distribution
- After-Born, After-Adopted, and Posthumously Conceived Persons
- Disclaiming or Renouncing Persons
- Persons Under External Legal Constraints
The full discussion appears below.
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Hani Sarji
New York lawyer who cares about people, is fascinated by technology, and is writing his next book, Estate of Confusion: New York.
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