Alaska Order Reopening the Estate, Removing an Improperly Included Heir, and Recalculating the Shares of Affected Heirs
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FAQ
If you are entitled to an inheritance, it doesn't just disappear if the probate case must be closed before you can receive it. Instead, it is deposited in a fund with the county in which the probate case was opened.
If heirs and beneficiaries disagree, it may be possible to challenge the person designated as an executor; it is also possible, if the estate owner is still alive, to discuss the matter with him or her to request that a change be made.
There is a strict time limit within which an eligible individual can make a claim on the Estate. This is six months from the date that the Grant of Probate was issued. For this reason, Executors are advised to wait until this period has lapsed before distributing any of the Estate to the beneficiaries.
In many states, the required period is 120 hours, or five days. In some states, however, an heir need only outlive the deceased person by any period of time -- theoretically, one second would do.
When an heir cannot be found, an estate executor may need to contact a search firm to try and find the heir.An executor can also arrange to distribute the share of the person who cannot be located to a contingent beneficiary or the state where the money will be held until it is claimed.
Unfortunately, there is not much you can do if the person will not agree to settle or sell the home. There may be other legal tactics you can do, but generally, if the property must get sold (or you want to sell the home) and the other heirs do not, then a partition action may be your only option.
How long do you have to make a claim? The Act has a strict time limit for making a claim of six months from the date of the Grant of Probate or Letters of Administration. In very exceptional circumstances this may be extended to allow a late claim, but as a rule you must stick to the six month deadline.
Generally the heirs don't decide if the house is sold unless somehow it is titled in all their names. If is a specific gift and the will requires it be transferred to all six, and one does not want to sell, that person can buy out the other 5. There of course is always a partition Acton.
An inheritance that remains unclaimed will pass on the next person in the line of intestate succession. If the nonclaiming individual was the last in the intestate line, the property will escheat, or revert to the state.