Legal Question in Wills and Trusts in Pennsylvania
Beneficiary refuses to take action on inheritance
I was co-guardian for my father in his last year or so. Doing so, we had to name all the children as beneficiaries as he was no longer capable of making a will under his own power. All the money of my father's estate has been distributed equally to siblings except to one brother who lives in China. He will do nothing towards taking the money. We have great difficulty getting him to do anything at all. My father died in April 2005. As it is nearly the end of 2006, we will have to file a tax return yet again. We would like to close the books on this, but we cannot get him to do anything. (He is just being extremely difficult.) I guess he doesn't want the money by his denial. Can we ask the court for some sort of relief by denying his claim and distributing the remaining money among the other siblings?
1 Answer from Attorneys
Re: Beneficiary refuses to take action on inheritance
If your brother wishes to renounce his interest in the estate, then he would make life easier for the rest of you if he would simply tell you that in writing, and you could report that fact to the court. If he renounces his interest, then the portion of the estate he would otherwise be entitled to would be put back in the estate, and likely distributed as part of the residuary estate. If your brother will not formerly renounce his interest, then yes, you could petition the court, explain the problem, and if the court was convinced that the brother in fact was not interested in taking his share of the estate, then the court could treat your brother's act as a renunciation and so redistribute his share as the will directed. See your estate attorney about the form of the written renunciation you would like your brother to sign.
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