Is there a legal form needed to take place of my parents will? 9 Answers as of August 09, 2011

My remaining parent passed with no will. Is there a legal form needed or will a letter suffice to relinquish my part of any ownership to the title of his residence between my siblings?

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Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
If you wish to relinquish your interests, you can execute a waiver. However, you will need to Probate those estate and you should speak with an attorney before giving up any interests.
Answer Applies to: New Hampshire
Replied: 8/9/2011
The Law Offices of Laurie E. Ohall, P.A.
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
If your parent's real estate was titled in your parent's name only, then before anything can be done, a probate must be opened in order to transfer title to the property to you and your siblings. In the probate proceeding, you can then relinquish your ownership to the other siblings, if you so choose. Of course, there could be tax implications to that and you should talk to the probate attorney about that. If the property was owned jointly in your parent's name and you and your siblings names, then you should record your parent's death certificate, and you could quitclaim your interest to your siblings via a deed. Again, there could be tax implications, so you should talk to a CPA or attorney about that.
Answer Applies to: Florida
Replied: 8/9/2011
Law Offices of Timothy G. Kearney, LLC
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
You should be able to disclaim your interest in the property by filing an intent to disclaim with the probate court. The staff at the court should be able to help you.
Answer Applies to: Connecticut
Replied: 8/9/2011
The Coyle Law Office
The Coyle Law Office | T. Andrew Coyle
You should be able to relinquish your interest through a quit claim deed. I would recommend you have an attorney prepare the document, though, as it will be important for your siblings that it is done right.
Answer Applies to: Illinois
Replied: 8/9/2011
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
Your father passed "intestate," meaning with no will. Probate needs to be opened, and property will pass to "heirs at law," established by statute. If you don't want your share, and you are an heir at law, you may "disclaim" your interest (and if you do so within 9 months of your father's death, you will have no gift tax issues in doing so).
Answer Applies to: Oregon
Replied: 8/9/2011
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    If real property is held in the name of a deceased person[s], a court order is necessary to transfer title in the State of Nevada. You also inquire as to how to give up your interest. The answer to that depends upon if you are taking title though the court order or if you are already on title. From the information contained in your question, a probate proceeding of one type or another will be necessary.
    Answer Applies to: Nevada
    Replied: 8/9/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    No form will solve your problem. Depending on the details, and you should get a lawyer, the estate can be divided by a No Administration case or an Administration case in probate court. Inheritances can be transferred or declined.
    Answer Applies to: Georgia
    Replied: 8/9/2011
    Olson Althauser Samuelson & Rayan, LLP
    Olson Althauser Samuelson & Rayan, LLP | Todd S. Rayan
    It is called a qualified disclaimer and generally must be filed within 9 months of the date of death. The probate attorney can draft one for you quickly and will likely be amenable to doing so.
    Answer Applies to: Washington
    Replied: 8/9/2011
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