How can I opt out of being in the estate? 20 Answers as of October 09, 2013

My brothers (2) and I are parties to mother's estate. I would like to know how I can opt out of being in the estate.

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Law Office of Pamela Braynon | Pamela Y. Braynon
The attorney handling your mother's estate will be able to present you with a statement for you to sign to opt out of the estate.
Answer Applies to: Florida
Replied: 10/9/2013
Sebby Law Office
Sebby Law Office | Jayne Sebby
You can execute a document that states that you refuse any bequest that is made to you and that you understand that this action is permanent and that you have no future claim on the estate now or in the future.
Answer Applies to: Nebraska
Replied: 10/9/2013
Law Office of Edward M. Burgh, APC | Edward M. Burgh
Refuse to accept your share in writing and have it notarized.
Answer Applies to: California
Replied: 10/9/2013
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
You have the right to "disclaim" any part of the estate otherwise due to you. If you disclaim everything is handled as if you had died before the decedent.
Answer Applies to: Minnesota
Replied: 10/8/2013
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
You may file a qualified disclaimer. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answer Applies to: Nevada
Replied: 10/8/2013
    Christine Sabio Socrates Attorney at Law | Christine Socrates
    If you do not wish to inherit from your mother's estate, you can file a disclaimer with the probate court. When you file a disclaimer, then the estate would transfer as though you predeceased your mother.
    Answer Applies to: Ohio
    Replied: 10/8/2013
    Gates' Law, PLLC | Thomas E. Gates
    All you need to do is not accept and estate proceeds when the estate is probated.
    Answer Applies to: Washington
    Replied: 10/8/2013
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Tell the attorney to prepare a waiver.
    Answer Applies to: California
    Replied: 10/8/2013
    James Law Group
    James Law Group | Christine James
    You can disclaim or assign your interest. Disclaiming you will be treated as predeceased and your heirs would inherit - there are time limits to disclaim however. Assigning you can assign your interest to whomever you choose.
    Answer Applies to: California
    Replied: 10/8/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    You can disclaim your interest. It must be done properly legally and within a certain time of death to qualify.
    Answer Applies to: Oregon
    Replied: 10/8/2013
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    You can execute a "qualified disclaimer" as long as it meets the timing and documentation required. Otherwise, you would be making a gift to your brothers and would erode a portion of your unified credit (potentially) or paying a gift tax.
    Answer Applies to: California
    Replied: 10/8/2013
    Donald T. Scher & Associates, P.C.
    Donald T. Scher & Associates, P.C. | Donald Scher
    You can disclaim your interest in the estate and waive further notice of the proceedings.
    Answer Applies to: Arizona
    Replied: 10/8/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    When the maker of the estate trust or will dies, then at that time you can prepare a declination of any intended gift to you.
    Answer Applies to: California
    Replied: 10/8/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    You can disclaim your interest. If you disclaim, you cannot direct where your share passes it passes as though you died before your mother.
    Answer Applies to: Oregon
    Replied: 10/8/2013
    Durham Jones & Pinegar | Erven Nelson
    You can disclaim any interest in writing. There are forms, or you could have a lawyer help you.
    Answer Applies to: Nevada
    Replied: 10/8/2013
    Douglas P. Barnes, A Professional Law Corp.
    Douglas P. Barnes, A Professional Law Corp. | Judith N. Douglass
    As a beneficiary, you can execute a "Disclaimer" within 9 months of the date of death, which will relinquish your interest in the estate.
    Answer Applies to: California
    Replied: 10/8/2013
    Frederick & Frederick PLC | James P Frederick
    Sign a disclaimer and get it to the personal representative. That is the cleanest way. Depending on what the assets are, there may be other ways, as well. For instance, you could sign a quit claim deed, with respect to any real estate. More information is really needed, however. By signing a disclaimer, it is treated as if you are pre-deceased. The Will, if there is one, or intestate law if there is not, would determine who would inherit, in that case. It may be that you would disclaim, only to have your children receive your share.
    Answer Applies to: Michigan
    Replied: 10/8/2013
    Estrada Law P.C. | Michele Ungvarsky
    Yes, you can refuse your inheritance.
    Answer Applies to: New Mexico
    Replied: 10/8/2013
    Meissner, Joseph & Palley, Inc.
    Meissner, Joseph & Palley, Inc. | John Palley
    You can "disclaim" your interest by signing a qualified disclaimer within 9 months of death. By doing that the property will transfer as if you died before mom. Maybe then it would go to your kids which might not be your desire. Another option is to "assign" your interest to another person(s) like your brothers.
    Answer Applies to: California
    Replied: 10/8/2013
    Danville Law Group | Scott Jordan
    Do you mean that you want to be disinherited? When the time comes, you can notify the administrator of the estate that you decline to accept your inheritance.
    Answer Applies to: California
    Replied: 10/8/2013
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