Legal Question in Wills and Trusts in Arizona

Can an heir of an estate of one third give away part of her inhieretence while it is in probate.


Asked on 10/27/10, 9:02 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

No, and it is not a good idea to do so without understanding the consequences of your proposed action. You could, during probate, decline to accept part of your inheritance, which would benefit the other heirs. If you want to give part of your share to another, that has to be done properly. Please consult with an experienced probate attorney and learn if there are tax or other consequences to you.

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Answered on 11/01/10, 9:12 am


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