What happens when a property owner disappears—and never comes back?
Years ago, I handled one of the most unusual probate cases of my career. A woman contacted me about a piece of land her family had been quietly holding onto for decades. Her father, who had owned the property, vanished when she was a child. There had never been a formal declaration of death. No obituary. No funeral. No body was ever found.
Still, the family continued paying the real estate taxes on the land year after year, not knowing what else to do. It was a vacant parcel—nothing had ever been built on it—and it just sat there.
Over time, things changed. The surrounding area developed into a desirable commercial corridor, and what had once been a forgotten lot was now a prime location for retail development. A buyer came along. The family was ready to sell.
But there was a problem: the land was still in the missing father’s name.
When Real Estate Collides with the Unknown
In Massachusetts, you cannot sell property that’s still titled to someone unless they’re alive or their estate has been probated. In this case, we couldn’t even start probate—because, legally speaking, he hadn’t been declared dead.
That might sound like a rare issue, and it is. But it’s not unheard of.
Fortunately, the Massachusetts Uniform Probate Code provides a solution.
Declaring Someone Dead Under Massachusetts Law
Under M.G.L. 190B, Section 1-107, a person may be presumed dead if they have been absent for five years or more and have not been heard from, and after diligent search and inquiry, there is no evidence that the person is alive.
In simpler terms: if someone disappears and there is no sign of life for at least five years, the Probate Court can officially declare them deceased.
This isn’t a process to be taken lightly. The court needs proof that reasonable efforts have been made to locate the person. In this case, we hired a private investigator to conduct a nationwide search. He ran the missing man’s name, Social Security number, and other identifiers through every available public record system. The result? Nothing.
No tax filings. No property purchases. No arrests. No employment. No sign that he had ever used his identity again.
A History That Raised Questions
While I won’t go into too much detail to protect my client’s privacy, there were whispers about what might have happened. Her father had been a professional with access to client funds—and at the time of his disappearance, he was under investigation for stealing from customers. The police had opened a case. Foul play was suspected. There were even suggestions that the situation may have been connected to organized crime. But no one was ever charged, and no body was ever found.
For the family, the emotional toll was immense. They never had closure. Just a lingering sense of loss and confusion.
But from a legal perspective, we had everything we needed to move forward.
The Probate Court Declares Death
With the evidence of absence and the investigator’s report in hand, we filed a petition with the Probate Court asking for a declaration of death under M.G.L. c. 190B, § 1-107. The court reviewed the materials and issued an order declaring the missing man legally deceased.
That one ruling unlocked everything.
We were able to open his estate, clear title to the vacant land, and allow the family to move forward with the sale. What had once been a dormant liability became an asset.
Why This Case Matters
This case illustrates a few important points:
- Probate isn’t always about death—it’s often about solving problems tied to legal ownership.
Even when a person disappears, the law has a path to address it. It’s just not one most people know exists. - Clearing title can require digging into uncomfortable family history.
Legal work isn’t just documents and deadlines. Sometimes, it means reopening old wounds, confronting the unknown, and giving families permission to move forward. - Creative problem-solving matters.
This family had been stuck for years—decades, really—because they didn’t know there was a legal way forward. But the law is full of tools that, when used thoughtfully, can bring resolution.
Do You Need Help Clearing Title or Handling Probate?
If you’re dealing with a unique probate issue, or you’re unsure how to transfer or sell property due to an unresolved legal question—don’t wait. These problems usually don’t solve themselves. But with the right approach, there’s often a path forward.
At Cote Law Group, we help families across Massachusetts navigate estate and real estate matters with empathy, clarity, and strategy. Whether it’s a straightforward probate or a situation as complex as this one, we’re here to help.
Want to talk? Reach out for a consultation. And if you’d like to hear more real-world stories like this one, check out the rest of our videos.
Disclaimer: This blog post is for general information only and is not legal advice. Every case is different. To understand how the law applies to your specific situation, please speak directly with an attorney.
