Disclaimer of Benefits

My father died 3 weeks after the woman he lived with for 28 years. She left him property in her will but he did not live long enough to take title. As his "personal representative", do I have to accept the property he was left? It is more of a liability than an asset to his estate. Can I disclaim it or refuse to accept it?

Normally, one is free disclaim property before one has accepted its benefits and w/i 9 months after death. However, this right is generally only personal to the beneficiary. That is to say (in most states that I know) a personal representative cannot disclaim gifts, but some states and courts will allow it upon court approval. So, check your state law very carefully, and if necessary, file a petition to the probate judge.