Can I remove myself from my fathers will? 10 Answers as of August 18, 2011My 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?
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
It's called filing a "disclaimer" and each state has its own rule of procedure for doing that.
Answer Applies to: Indiana
Goldsmith & Guymon | Dara Goldsmith
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.
Answer Applies to: Nevada
Asset Protection and Elder Law Center | Shadi Alai-Shaffer
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.
Answer Applies to: California