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Can I Disclaim Beneficiary Status

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way2passionate

Junior Member
What is the name of your state (only U.S. law)? Idaho

My Father died and he left a will with specific money amounts to 3 people including my 22y/o son and then the rest of the Estate/assets is to be distributed equally between myself, brother and sister. This thing has turned into a disaster. My Brother has gone off the deep end with regard to the money and my Uncle, the PR, aligned himself with my Brother. Major assets were removed from the Estate by my Brother with no intervention by the PR. My Sister and I finally took action to remove my Uncle as PR. Sadly, it doesn't appear that the new PR is going to be able to sort through it all and get the job done without all the drama/conflict either. No one can/wants to deal with my Brother. There is alot of money and assets involved and it will take a good amount of time to get the Estate Settled. I can't do this anymore, I am emotionally drained so...I want to step out and give my portion to my Son. Is there a way to do that? I hunted the Idaho Statutes and cannot find any definitive answers.

I was only able to find limited information that was relative on the Internet.
From what I can tell, I can disclaim my inheritance (within 9 months of death) but I cannot direct the inheritance. I have no say with regard to whom the inheritance goes; it automatically goes to the "next in line".

Is this accurate? And...would the "next in line" be my Brother (I'm the eldest child and he is next) or would that be my Son?

Any input is greatly appreciated.
 


tranquility

Senior Member
You are correct. A disclaimer removes all your rights to the inheritance and any additional distribution will be as though you are not there.

I suggest you get an attorney. Brother should not be able to manipulate things by being pissy. See your rights. Use them and them do things which make you happy.

If you're giving up the money anyway, it costs you nothing to see an estate attorney.
 

way2passionate

Junior Member
Thank you.
I do have an attorney and I will talk with him on Monday. What is your take on the "next in line", would that be my Brother or my Son?
 

tranquility

Senior Member
"Next in line" is irrelvant. If you disclaim, it is as though you are not there. How things are distributed is based on how things have been distributed.
 

Dandy Don

Senior Member
Thank you for reconsidering your decision not to decline this money. If there is drama in the probate, your attorney can shield you from it by taking all phone calls and communication that is intended for you. End result you get to keep what is rightfully yours.

DANDY DON IN OKLAHOMA ([email protected])
 

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