Q: cannot locate two individuals named in a will who live in germany and who are probably dead
I have used ancestry.com, a service called find-person.germany contacted the consualte and sent facebook messages to a few people who might be the younger/next of kin. germany has very strict data privacy laws and there are language barrier issues. i need to prove to new york they cannot be located
A:
New York rules are very strict, the judge may go with an affidavit from you stating everything you did. Try talking to the clerks they are helpful in this regard.
I would suggest getting an attorney to deal with this, we have a similar issue right now in Kings County Surrogate court although relatives are in the US we have no idea where they are and if they died...
Good luck
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, Suite 400
Brooklyn, NY 11235
tel: 718-333-2394
fax: 718-701-8859
www.BrooklynTrustandWill.com
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A: You could hire an heir location service, probably better than ancestry.com to find them and have that company issue a report maybe even execute an affidavit indicating their efforts.
A: Doing a search yourself is not enough. The court can appoint a guardian to represent their interests, and/or a genealogist to find them, at the estate's expense. Try harder first, by hiring a professional in Germany.
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