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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My father passed away recently. He had a substantial amount

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My father passed away recently. He had a substantial amount of money and property. He had 2 children, my sister and me. However, he left me in his will much more money and property than what he left my sister. I don't know why since he and my sister had a good relationship. My question is can I ignore the will and file an affidavit of heirship thus making sure that my sister receives half of what his assets are? Also, is there a time frame from the time a person files a will and the time he dies for the will to be legal?

Thank you for your question. Please permit me to assist you with your concerns.

To answer your question directly, as terrible as it may sound, heirs are free to ignore the will. They can choose to not probate it, for example, and have the proceeds be split based on state law. Or one heir (you) can choose to refuse to receive a portion of the estate, and have that portion go to the other heir (your sister). So long as there are no other beneficiaries listed and so long as the beneficiaries are not going to file for a fiduciary duty violation, you as the executor are free to dispose of the estate as you see fit. A will remains legal for life--it only gets invalidated if there is a newer will found or if the estate gets probated in full, then gets closed, and substantial times goes by that denies the ability for the will to be used to contest the conditions.

Good luck.

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