QUESTION
Can I remove myself from my fathers will?
Asked on Aug 15th, 2011 on Estate Planning - Indiana
More details to this question:
My father passed away in July, when his last will was opened by the attorney he was to pay off creditors first and then anything remaining was to be divided among the 3 of us listed in his will, material and money, however, I do not want anything material or money from what my father had. I also dont want any part in getting rid of his belongings. Do I have to file anything with the courts to remove myself from the will?
5 ANSWERS
Glen Edward Ashman
You can refuse an inheritance. To avoid confusion, have a lawyer draft an appropriate document.
Answered on Aug 17th, 2011 at 5:01 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
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You may disclaim your interest in the estate.
Answered on Aug 17th, 2011 at 1:08 PM
Shadi Ala'i AlaiShaffer
You only need to make this clear to the attorney and your siblings that you want nothing from the estate or will. You may need to put this in writing. I suggest you seek an attorney for a consult as this is a major right you are giving up and you want to make sure you are making the right decision and doing so legally.
Answered on Aug 17th, 2011 at 1:08 PM
3 Awards
Based upon the facts that you provided, I suggest you contact the attorney handling the Estate to discuss a qualified disclaimer. This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not.
Answered on Aug 17th, 2011 at 1:07 PM
It's called filing a "disclaimer" and each state has its own rule of procedure for doing that.
Answered on Aug 17th, 2011 at 1:03 PM