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Heirs do not want property

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Gulana

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

I and my four cousins are heirs to property left to us by my grandfather. My cousins do not want the property. I am the only one who wants it. what do I need in writing if anything saying that they do not want their share of the property.
 


anteater

Senior Member
What is the status of probate?

Depending on the status, they might be able to disclaim the inheritance. But they should consult a probate attorney to determine what happens to their interests if they disclaim.

They could accept the inheritance and then gift their shares to you. A quit claim deed should do the trick, but they should get a real estate attorney to prepare it.
 

JETX

Senior Member
I and my four cousins are heirs to property left to us by my grandfather. My cousins do not want the property. I am the only one who wants it. what do I need in writing if anything saying that they do not want their share of the property.
There is NO requirement that a beneficiary accept anything from the estate. Simply create an "I don't want it" form and ask each person to sign and date.
 

anteater

Senior Member
There is NO requirement that a beneficiary accept anything from the estate. Simply create an "I don't want it" form and ask each person to sign and date.
The hitch is that the cousins don't control what happens to the shares that they are disclaiming.

§ 6205. Effect of disclaimer.

(a) In general. - A disclaimer relates back for all purposes to the date of the death of the decedent or the effective date of the inter vivos transfer or third-party beneficiary contract as the case may be. The disclaimer shall not in any way diminish the interest of any person other than the disclaimant in such person's own right under the instrument creating the disclaimed interest to which such person becomes entitled under subsection (b) by reason of the disclaimer.

(b) Rights of other parties.- Unless a testator or donor has provided for another disposition, the disclaimer shall, for purposes of determining the rights of other parties, be equivalent to the disclaimant's having died before the decedent in the case of a devolution by will or intestacy or before the effective date of an inter vivos transfer, or third-party beneficiary contract, except that, when applying section 2104(1) (relating to rules of succession) or analogous provisions of a governing instrument, the fact that the disclaimant actually survived shall be recognized in determining whether other parties take equally or by representation, and except that if, as a result of a disclaimer, property passes to a fund in which the disclaimant has an interest or power which he has not disclaimed, the disclaimant shall retain his interest or power in the fund as augmented by the disclaimed property.
 

Gulana

Junior Member
So basically if my cousins do not want their share and are willing to give their shares to me. All we need to do is get it in writing.
 

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