Legal Question in Wills and Trusts in Arkansas
Right to refuse inheritance
My Dad is in a nursing home in
Arkansas. His expenses are being
paid by his social security, total
of approx 1000.00 with balance
being paid by Social Security (medicare). His total assets are now less than 2000.00.
His sister died recently without leaving a will and he now stands to
inherit approx 45,000.00. If he receives the inheritance he will no longer be subsidized by social security. Can he refuse the inheritance so that the inheritance could be passed on to his heirs.
If he receives the inheritance it will all be gone to pay the nursing home within 12-18 months. We feel that neither he or his sister would want this to happen. I have power of attorney for him and want to know if refusing the inheritance would have any repercussions either for him or the heirs that would receive the inheiritance.
1 Answer from Attorneys
Re: Right to refuse inheritance
He does have the right to refuse the inheritance. There is statute of limitations that he needs to be aware of. He must act within that time to refuse the inheritance. It has to be done in writing, and there may be some other formalities that you will have to abide by. I would have to look it up to tell you exactly how to go about this, as it doesn't come up often in my practice.
Just be sure to act quickly to get this done.
What county are you in? Has the estate been put in probate yet?
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