inheritances

[Paul Mobley]

At the time of probate, or after the person has deceased, can an heir refuse/reject an inheritance ?

Or should it be done before the person deceases ? My mother is the case. She has little property, and is not worth any struggle or potential taxes at the time of probate.

Thanks, Paul

 

[I AM ALWAYS LIABLE]

At the time of probate, or after the person has deceased, can an heir refuse/reject an inheritance ?

Or should it be done before the person deceases ? My mother is the case. She has little property, and is not worth any struggle or potential taxes at the time of probate.

Thanks, Paul

My response:

The word "Inheritance" is a fancy word for "Gift".

There are no laws that force or compel any person, or "heir", to accept a "gift" from anyone, whether alive or deceased.

You must state your intent to forego the gift, in writing, and give the same to the Executor or Adminstrator of the Will, if there is one. The property will either go to the person named as the "remainderman" in the Will, or the gift will "escheat" to the State of residence where the person died when there's no one willing to claim the gift.

Good luck.

IAAL

 

[advisor10]

10-13-2001

DEAR PAUL:

Please consider your mother's feelings in this matter.

If you feel your relationship with her is close enough that you can be honest with her in telling her that you already have enough material things and that you don't need anything else, then suggest that she give it to some other family member (or, are you her only child?) or to her favorite charity.

If you feel she might be offended at your rejection of the inheritance, then you can always decline it after she is deceased, and she can enjoy the feeling while she is alive that she has done a little something to potentially "help" her son.

SINCERELY,

[email protected]