Location: Boise, Idaho
My parents have both passed and in their will the asked to have their assets divided equally between the three of their children. On of my siblings has been estranged from my parents as well as myself and my other sibling (by their own choice, there was not ill will between anyone in the family). My parents will states that we must search for them for 6 months, then put the funds in a trust for 2 years and if they do not claim it then, it gets split between the two other siblings. However, we know where they are, we know where they work, they refuse to accept calls or reply to certified mail or email. They have left multiple messages, mailed info multiple times and this costs hundreds of dollars every time! To put money into a trust, it costs an additional $3k that can be paid back by the estate, but I have to pay it personally upfront. Can I instead use the $3k to challenge the will that they don’t force me to put the money in the trust that I’ll have to manage for two years? He clearly isn’t interested or he would’ve just said, yes I’ll take the inheritance. Can’t his non response be considered them implying he rejects the inheritance?
Comments
I mean, you were going directly against what your parents wanted and against the will, which is more important. They anticipated this, which is why they gave two years. For this exact situation. You need to do what the Will says.
You can contest it, but the judge may not grant it as your parents seem like they planned for this to happen and wanted that child time to think about it if they want it or not.
Have you tried hiring a process server to serve them with the documents?
No you cant you need to follow law
No. The terms need to be followed. The only other option would be if the sibling specifically disclaimed the inheritance.
You could, with the judges permission, do service by alternative means (generally publishing in a newspaper and other methods). But if the judge could also rule you have to follow the will.