Bava Metzia 39 - Caring for a Captive's Property

If someone is held captive, can a court allow a relative to live on and use his property? If a rumor circulated or one witness testified that the captive died, then the court can. The relative stands to inherit, so he will be careful with the property. What if his whereabouts are unknown?
Can the law be derived from "... and I shall become incensed and I shall kill you...and your children will be orphans "? If a person is killed, of course his children are orphans! Rather, it must mean AS IF orphans, not using the land? No! - It could mean not inheriting.
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