QUESTION
How can I opt out of being in the estate?
Asked on Oct 08th, 2013 on Estate Planning - California
More details to this question:
My brothers (2) and I are parties to mother's estate. I would like to know how I can opt out of being in the estate.
15 ANSWERS
You can execute a document that states that you refuse any bequest that is made to you and that you understand that this action is permanent and that you have no future claim on the estate now or in the future.
Answered on Oct 09th, 2013 at 4:27 AM
3 Awards
You may file a qualified disclaimer. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Oct 08th, 2013 at 3:00 PM
Thomas Edward Gates
All you need to do is not accept and estate proceeds when the estate is probated.
Answered on Oct 08th, 2013 at 2:22 PM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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If you do not wish to inherit from your mother's estate, you can file a disclaimer with the probate court. When you file a disclaimer, then the estate would transfer as though you predeceased your mother.
Answered on Oct 08th, 2013 at 2:22 PM
Edwin K. Niles
Tell the attorney to prepare a waiver.
Answered on Oct 08th, 2013 at 2:21 PM
2 Awards
You can disclaim or assign your interest. Disclaiming you will be treated as predeceased and your heirs would inherit - there are time limits to disclaim however. Assigning you can assign your interest to whomever you choose.
Answered on Oct 08th, 2013 at 2:18 PM
You can disclaim your interest. It must be done properly legally and within a certain time of death to qualify.
Answered on Oct 08th, 2013 at 2:11 PM
Neal Michael Rimer
You can execute a "qualified disclaimer" as long as it meets the timing and documentation required. Otherwise, you would be making a gift to your brothers and would erode a portion of your unified credit (potentially) or paying a gift tax.
Answered on Oct 08th, 2013 at 1:20 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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When the maker of the estate trust or will dies, then at that time you can prepare a declination of any intended gift to you.
Answered on Oct 08th, 2013 at 1:03 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You can disclaim your interest. If you disclaim, you cannot direct where your share passes it passes as though you died before your mother.
Answered on Oct 08th, 2013 at 1:02 PM
You can disclaim any interest in writing. There are forms, or you could have a lawyer help you.
Answered on Oct 08th, 2013 at 12:39 PM
Probate Attorney serving Saratoga, CA
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Douglass Law Group
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As a beneficiary, you can execute a "Disclaimer" within 9 months of the date of death, which will relinquish your interest in the estate.
Answered on Oct 08th, 2013 at 12:35 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Sign a disclaimer and get it to the personal representative. That is the cleanest way. Depending on what the assets are, there may be other ways, as well. For instance, you could sign a quit claim deed, with respect to any real estate. More information is really needed, however. By signing a disclaimer, it is treated as if you are pre-deceased. The Will, if there is one, or intestate law if there is not, would determine who would inherit, in that case. It may be that you would disclaim, only to have your children receive your share.
Answered on Oct 08th, 2013 at 12:01 PM
Yes, you can refuse your inheritance.
Answered on Oct 08th, 2013 at 11:58 AM
You can "disclaim" your interest by signing a qualified disclaimer within 9 months of death. By doing that the property will transfer as if you died before mom. Maybe then it would go to your kids which might not be your desire. Another option is to "assign" your interest to another person(s) like your brothers.
Answered on Oct 08th, 2013 at 11:53 AM