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Disclaimer of Inheritance Rights

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btedder

Junior Member
What is the name of your state? South Carolina

My father-in-law passed away in 2003. In June of 2007 my sister-in-law contacted my husband saying that there had been no will and that another sister had been using the family home (which was occupied by my mother-in-law) as collateral on bad debts. In order to put a stop to that she wanted my husband to sign a document stating that he had already received his share of the inheritance and then sell his share of the family home back to his mother for five dollars. Since he had no idea what the assets or debts of the estate were he opted instead to file a "Disclaimer of Inheritance Rights" with the court.

Last week my husband got yet another call from his sister stating that what he did was just confusing things for her and she had an attorney send him a general warranty deed wherein he is to sell the home to his mother for five dollars.

At this point he's uncertain where he would stand with the courts. Since the disclaimer was filed wouldn't any deed executed at this point be invalid?

Thank you for your help.
 
Last edited:


tranquility

Senior Member
I have to agree. If a valid disclaimer was made, husband has no rights to issue a general warranty deed. Offer to make a quit claim which gives up all rights in a property. Keep close records so there are no tax or liability issues.
 

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