My father s will stipulates division of all assets be distributed squally among all 4 children. What if I refuse to sign deed to sell home or sign life ins docs. Can siblings proceed? Patti 561 847 6183
3 Answers from Attorneys
Can the siblings proceed to what, probate the estate? Make distributions? They will be able to proceed with commencing a probate which means the probate court will supervise the process of distributing the assets per the Will. The real question I have is what is it that you want to accomplish? This is what will direct the proper answer.
I agree with the counsel of Leon Ferraez advising you to consider your objectives in this matter. Please realize that if the deed is in the name of your father, the sale of the property can be accomplished by the personal representative of the state in probate or by a trustee of your father's trust, without your signature or approval. Also, it is likely you are not required to sign any life insurance documents.
They can proceed with or without your consent. However, it may jeopardize you rights and interest. They could also be forced to bring an action against you to proceed and take the appropriate steps.