Dwaine Carrillo
The Executor of the Estate must be found alive and well by making proper public notice to many witnesses. This could be done by making proper legal notice in the county seat newspapers legal section; then recording it in the county recorders office, then running the add once more. If no one rebuts your claim as being the Executor of YOUR Estate, then, perhaps you really are the Executor of that Estate ;)
Corpus juris secundum:
BOOK 1, "ABSENTEE", page 340: Due process limitations upon governmental regulation of the estates of absentees are treated in CJS "Constitutional Law SECTION 1421. (let's follow the hint and go there....)
BOOK 16D - "CONSTITUTION"
SECTION 1421. "Estates of Absentees and Persons Presumed to Be Dead." Under the constitutional guaranties against the taking or deprivation of property without due process of law, a probate court has no power under its general authority to administer the property of a person who is alive. However, a status conferring power on courts to regulate and to administer the states of absentees, presumptively dead, is valid, where the procedure satisfies constitutional requirements, as where provision is made for giving proper notice of the proceeding and adequate safeguards are provided to protect the absentee's interests in case of his reappearance, as by proving for the preservation of the estate for a reasonable period before permitting distribution ...
Printed copy · Anthology Volume 4, page 971 · cut by a page break
