I'm not sure these affidavits will work, but a judge may accept them. Typically your options are to accept the property or disclaim it. If you accept the property you can then give it to your youngest sister. In accepting it, you don?t have to physically take it, but you can have your share given to your sister. I think that?s how the affidavit would have to work. In that case, your kids would not be a part of this unless they were claiming you were not competent to make decision and affidavit. Alternatively, if you were deemed to disclaim the property, it would be treated as if you predeceased before your brother. In this case, you would have a problem because your disclaimed property would go to your kids. Therefore, you will have to do something that acts as you accepting and gifting the property to your youngest sister.
Answered on Apr 11th, 2017 at 8:16 AM