Is it possible to legally refuse an inheritance? 39 Answers as of April 30, 2013

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Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Yes, it is called a disclaimer.
Answer Applies to: Indiana
Replied: 4/30/2013
Durham Jones & Pinegar | Erven Nelson
Yes, you can disclaim an inheritance. It happens more often than you would think.
Answer Applies to: Nevada
Replied: 4/24/2013
The Law Offices of Jeffrey G. Marsocci, PLLC
The Law Offices of Jeffrey G. Marsocci, PLLC | Jeffrey G Marsocci
In North Carolina, it is ALMOST universal that you can refuse an inheritance. A few important points: * You can't accept it and then give it back later saying you have refused it. This is one reason it is important to know all of the tax and other potential consequences before actually taking possession of the inheritance. * There are some instances when you can't refuse an inheritance, many of which relate to individuals receiving some form of government assistance like Medicaid.
Answer Applies to: North Carolina
Replied: 4/11/2013
Wellerstein Law Group, P.C.
Wellerstein Law Group, P.C. | Elisha Wellerstein
Yes, one can disclaim an inheritance. But if one is doing so to avoid money that can go to payback Medicaid, then one cannot disclaim. There are specific timelines to do so, so speak to an attorney asap.
Answer Applies to: New York
Replied: 4/11/2013
The Taylor Law Office L.L.C.
The Taylor Law Office L.L.C. | Ian A. Taylor
Its called a disclaimer. It can be used in a number of ways effectively and to your detriment if you are not careful. I would talk to an attorney regarding the estate and your interest before disclaiming. It is not recommended to talk to the attorney for the executor, if there is one. You should hire your own to discuss the ramifications and help you make that election through the executor.
Answer Applies to: South Carolina
Replied: 4/10/2013
    Dennis E. Valentine Law Firm
    Dennis E. Valentine Law Firm | Dennis Valentine
    Yes, any beneficiary can refuse (disclaim) an inheritance. There are time limits and you need to disclaim before you take control of the inheritance.
    Answer Applies to: Colorado
    Replied: 4/9/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Yes, it is called "disclaimer." You want to do it before nine months have elapsed since the decedent's death, or you will be making potentially taxable gifts by disclaiming.
    Answer Applies to: Oregon
    Replied: 4/9/2013
    The Wideman Law Center, P.C. | Susan Wideman Schaible
    Yes - it is called a disclaimer.
    Answer Applies to: Michigan
    Replied: 4/9/2013
    The Law Offices of Tres A. Porter | Tres A. Porter
    Yes. But for differing government agencies, most notably the IRS and state tax boards, there are very specific documents that must be signed in order to disclaim an interest in an inheritance and frequently strict time limits as to when the documents must be completed in relation to your finding out about the inheritance. You should consult an experienced probate attorney in your area as soon as possible.
    Answer Applies to: California
    Replied: 4/9/2013
    Law Offices of Frances Headley | Frances Headley
    Yes, you can waive your right to the inheritance by signing a disclaimer. You should contact the attorney for the estate and have that person prepare the disclaimer.
    Answer Applies to: California
    Replied: 4/9/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Yes you can disclaim your inheritance in writing. See an attorney that is familiar with this process.
    Answer Applies to: Florida
    Replied: 4/9/2013
    Bullivant Houser Bailey PC
    Bullivant Houser Bailey PC | Darin Christensen
    Yes. It is called a disclaimer. The inheritance will pass as if you died just before the person from whom you would inherit. It does not work to avoid an IRS tax lien.
    Answer Applies to: Oregon
    Replied: 4/9/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Yes. You can "refuse" an inheritance by signing a Disclaimer. You can obtain this document from any attorney who specializes in estate planning.
    Answer Applies to: Colorado
    Replied: 4/9/2013
    Gates' Law, PLLC | Thomas E. Gates
    Yes, you can refuse an inheritance.
    Answer Applies to: Washington
    Replied: 4/9/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    Yes. You can file a disclaimer of inheritance in probate court (assuming such inheritance is being processed through a probate court.)
    Answer Applies to: Texas
    Replied: 4/9/2013
    Geoff Germane, Attorney at Law | Geoff Germane
    Yes. You must do a "qualified disclaimer" without accepting any benefits and within 9 months of the date of death. An experienced attorney can help you weigh your options and execute the disclaimer.
    Answer Applies to: Utah
    Replied: 4/9/2013
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    Yes. You just disclaim it within 9 months of the decedent's death.
    Answer Applies to: Georgia
    Replied: 4/9/2013
    Attorney At Law | James G. Maguire
    Yes. It is called "renunciation." It is filed into the court records.
    Answer Applies to: Louisiana
    Replied: 4/9/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Yes, you can disclaim.
    Answer Applies to: Michigan
    Replied: 4/9/2013
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    Yes, it is possible to renounce an inheritance. Notice of someone renouncing their inheritance typically goes to the executor or the administrator of the estate.
    Answer Applies to: California
    Replied: 4/9/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Yes. You will need to sign a document stating that you are aware that you are the recipient of an inheritance, that you refuse to accept it, and that you understand the consequences of your decision. Submit that document to the executor or the probate court. Check with your state statutes for specifics on the process.
    Answer Applies to: Nebraska
    Replied: 4/9/2013
    Law Office of Nathaniel Landman | Nathaniel Landman
    Yes it is possible to refuse an inheritance. Many people do it often for tax reasons. Generally one signs a disclaimer, disclaiming their interest in the estate
    Answer Applies to: Missouri
    Replied: 4/9/2013
    Scott Polsky
    Scott Polsky | Scott Polsky
    Yes. The term is "disclaim".
    Answer Applies to: Pennsylvania
    Replied: 4/9/2013
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