Q: How to remove siblings as inheritors.
Mother died in Nov 2022 & step-father (who never had biological children) died the following Apr 2023. They left $12K in savings & home with an existing morgage. Four adult children (2 sons & 2 daughters) and dead spouse are currently named in the Certificado de Herederos. Two daughters want to keep the house. One son does not want the inheritance & refuses to respond to all lawyer requests for iformation/documents. The other son was adopted as a baby, disowned his mother, never lived or communicated with her or his siblings. He is believed to live in China. Prior to his death, the step-father repudiated his portion of the forced inheritance, gave his share to the one daughter who had initially purchased the home and later donated it to them. She does not live in the house; however, has continued to pay the morgage, all utilities and maintains the house in good condition. How can the two daughters, who want to keep the house, remove their two brothers & step-father from the deed?
A: Any repudiations must be formalized through a deed poll subscribed by the heir who rejects his/her inheritance. If an heir is gaslighting you, you'll need to take the case before a court of law. Who'll either order the heir to formally reply whether he wishes his inheritance or not. If said heir does not appear before a court of law (as is the case with the gaslighter and the the one believed to live in China) their portions will need to be consigned with the court until and if either decides to claim his share. Was the home purchased by your mom alone or was it jointly owned by her and her deceased spouse? Did your late mom's deceased spouse die before November 28, 2020? Did he have any children, or were his parent(s), or siblings still alive at the time of his death? The answer and order of these questions may open up the possibility of there existing more heirs through your late mom's spouse.
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