More details to this question:
I am an only child and my Mother has my nephew listed as POA of her estate. She needs to be in asst. living but I have no say so. I am in not in good health and want to relinquish my rights.
16 ANSWERS
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Unless she has assets and/or a will naming you as beneficiary, you really have no rights if he is her agent under her POA. At her death if you inherit you can disclaim at that time.
Answered on Jul 26th, 2013 at 2:31 AM
Sasha D. Oberle
What rights are you attempting to relinquish? You have the right to relinquish your inheritance after your mother dies through a disclaimer of your inheritance rights. The disclaimer may result in the estate being distributed as if you had predeceased your mother. Who would take the assets of her estate if you do not? There are many reasons why someone would choose to disclaim their interest in an estate and we need some additional facts about your situation to determine if a disclaimer would be advantageous for you.
Answered on Jul 26th, 2013 at 2:31 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No. You cannot relinquish your rights to an inheritance that you might never receive. An inheritance only comes into being when the person leaving it dies. Since your mother is alive, there is no inheritance, at this point. If she is in a nursing home, there may never BE an inheritance, because it may all be used up paying for her care.
Answered on Jul 26th, 2013 at 2:31 AM
Thomas Edward Gates
You can deny receiving an inheritance as a beneficiary.
Answered on Jul 26th, 2013 at 2:31 AM
3 Awards
Sure when she does you may sign a disclaimer.
Answered on Jul 26th, 2013 at 2:31 AM
2 Awards
Not while your mother is alive because there is nothing to relinquish, your interest hasn't vested (you have no interest yet). Afters he passes, if there is something that goes to you, you can disclaim it at that time.
Answered on Jul 26th, 2013 at 2:31 AM
Yes, you can relinquish your inheritance. Put it in writing and submit it to the probate court.
Answered on Jul 26th, 2013 at 2:31 AM
Your question does not contain any facts on which to base an answer.
Answered on Jul 26th, 2013 at 2:31 AM
A beneficiary can disclaim an inheritance. This must be done within a specified time after the deceadent's death (9 mos., I believe) and must be done in writing.
Answered on Jul 26th, 2013 at 2:31 AM
I think you are confused as to terms. A Power of Attorney only applies as to a person who is alive and mentally sound. The person nominated in the Will to take care of handling the estate is an executor and the court then appoints an administrator to handle the collection of assets and eventually distribution of the estate. The nephew can be appointed by the court to handle all the paperwork but there is no reason you should give up all your rights to inherit. If you did, the property/assets would go to the next living relatives. I think you just do not want to do the handling of the estate. There are some books written by Nolo Press that discuss estates and trusts in lay person's language.
Answered on Jul 26th, 2013 at 2:31 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes you can relinquish your rights but generally only after she has passed. After all its her wishes right now to give it to you, not yours.
Answered on Jul 26th, 2013 at 2:31 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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There's lots in your fact pattern. Yes, you can "disclaim" your inheritance, but if you do it passes as though you pre-deceased your mother that is, you cannot say who gets it, it goes as though you had died without a will. Or, the federal estate and gift tax now having a $5-million exemption, you could take your inheritance and give it to whomever you please, file the gift tax return and pay no gift tax. But now, the rest of your question makes me think that nephew should be helping your mother to go to assisted living, but won't. Relinquishing your rights doesn't help in that case, it only creates some likelihood that your nephew may inherit something, making him less likely to want to see the money spent on your mother's care. I assume your mother has dementia, and cannot speak for herself (otherwise, she could just walk into an assisted living place of her choice and sign up; her POA then is stuck writing the checks to pay the rent). If that's correct, contact Adult Protective Services in your local state Senior Services office. They're too overworked to help much, but you can let your nephew know that if Mom's living conditions get too bad, you will try to bring an elder abuse charge against him.
Answered on Jul 26th, 2013 at 2:30 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Who are you going to relinquish your rights to? Yes you can relinquish your rights if any, but does your mother even have a estate?
Answered on Jul 26th, 2013 at 2:30 AM
Relinquishing your rights to an inheritance is different than relinquishing your rights under a POA. You can give up your rights to inherit, but there is probably no need to do so now. You can do that after she passes away.
Answered on Jul 26th, 2013 at 2:30 AM
Yes you may. A simple letter to the administrator of her will or trust is all that is necessary.
Answered on Jul 26th, 2013 at 2:30 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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You will need to make your wishes known to the person who eventually named either as your mother's personal representative (executor of her will) or Administrator (same as personal representative) if she doesn't have a will. If your mother is still living there is nothing for you to relinquish.
Answered on Jul 19th, 2013 at 8:23 AM