Legal Question in Wills and Trusts in Arizona

Re: declaring brother dead

No question is stated in your message.

Just because you have not seen him does not mean your brother is dead. You need to hire an estate attorney, who will probably get a detective to find your brother. It is not as hard to locate someone as most people think, especially if you know a social security number. In the mean time, you need to hold his interest in the estate in trust for him. Otherwise you run afoul of the law and take big risks. We often see people who have been estranged from the family come out of the woodwork when someone dies. They find out about the death through a variety of means, even though they have not had contact for years. This has happened in several cases I handled personally, and happens to others.

Speak with an estate attorney. Good luck. If you brother is dead, his share goes to his estate, unless your mother provided otherwise in her will or trust.