Q: My half brother died no will. My sister and I our heirs. She wants me to disclaim. If I don't does she have a case.
The estate will goes to our father who is still alive. He is going to disclaim because my older sister is requesting he do so, because they were estranged. Once he signs the doc, the estate will go to she and I. She is a full sibling with a life long relationship. I have known him since 2010. We are in our 50's and 60's. She claims he verbally wanted his estate to go to her and her 5 children. Again, no will stating such. She thinks because I didn't have as close a relationship I should disclaim. I will not. Does she have any recourse or can she take it to court to change how the law says to distribute the estate. She also is the personal rep. Also on the disclaimer she has "this disclaimer is delivered to "her name, claiming successor of the decedents estate." The claiming successor part seems troublesome.
A: Your sister cannot change where your brother’s estate goes if your father disclaims. Also, you have an equal right to be the personal representative if your father has disclaimed.
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