QUESTION

Can I withhold or altogether disinherit my sibling's inheritance if he won't respond to any paperwork?

Asked on Mar 24th, 2021 on Wills and Probate - Alaska
More details to this question:
My mother passed away without a will. Under Alaska State law, she has what is considered a "small estate" and therefore there is no probate. My younger sibling (living in Oregon) signed a nomination to appoint me as administrator. My eldest sibling (living in Washington) estranged himself from myself and our mother over 10 years ago and has not signed or acknowledged receipt of the nomination. I don't know if the email or mailing address I have even reaches him, but since there is no will I believe I am legally bound to split our mother's assets (cash and personal items, there is no real property) equally between we three children, but if my sibling refuses to respond to anything, can I send a final, notary stamped, certified with return receipt letter stating if no response is received within xx days he will forfeit all rights of inheritance from our mother's accounts and belongings? Then just split it equally between myself and my younger sibling?
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2 ANSWERS

Wills Attorney serving Austin, TX
2 Awards
No.  You cannot legally withhold an inheritance or disinherit an heir.  Since the sibling will not sign a Small Estate Affidavit, you must file an application for determination of heirship and if, as expected, your sibling does not sign agreeing that you will be administrator, have him served by a constable.  You will need a local probate attorney to guide you through the process.
Answered on Mar 25th, 2021 at 5:11 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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Wills Attorney serving Austin, TX
2 Awards
No.  You cannot legally withhold an inheritance or disinherit an heir.  Since the sibling will not sign a Small Estate Affidavit, you must file an application for determination of heirship and if, as expected, your sibling does not sign agreeing that you will be administrator, have him served by a constable.  You will need a local probate attorney to guide you through the process.
Answered on Mar 25th, 2021 at 5:11 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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