QUESTION

What happens to property when a disclaimer is filed and the will does not list a contingent beneficiary?

Asked on Apr 06th, 2017 on Estate Planning - California
More details to this question:
I was just informed that my brother has completed a will and I have been named as the sole beneficiary to his estate which includes a trailer. I do not wish to be the beneficiary and he is unwilling to change his will. He is not married and never has been. I read that I could file a disclaimer as to the trailer. If I successfully file a disclaimer and his will does not list a contingent beneficiary, what will happen to the trailer? I do not wish to be legally responsible for the trailer. I have siblings who think if I disclaim this property they would be stuck with the property even though they are not listed as contingent beneficiaries.
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2 ANSWERS

Civil Litigation Attorney serving Ventura, CA at The Law Office of Robert I. Long
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In California, disclaiming an inheritance means the gift is treated as though you predeceased the testator; i.e., it would pass to your wife and children, if you have any. If that is not what you want to have happen, then you may simply refuse to accept delivery of the trailer. No one can be forced to accept a gift or an inheritance, although acceptance will be presumed unless you make it clear that you are rejecting it, such as a letter to the probate court. If your disclaimer or refusal is effective to keep the trailer in the estate, your siblings may be correct; the property would pass by intestate succession, as though there was no will, and if there is no spouse, children or parents to take, then it would go to the siblings and to the children of any deceased sibling, by right of representation. Again, everyone that doesn't want anything to do with it can simply refuse to accept it. The appropriate local agency (Public Guardian?) should be contacted to dispose of it.
Answered on Jul 18th, 2017 at 8:21 PM

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It would be treated as though there was no Will so the estate assets would pass to his siblings, who also could refuse to be heirs. ?If none of the relatives are willing to accept the assets, it would go to the State.
Answered on Jul 02nd, 2017 at 5:12 PM

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