Legal Question in Wills and Trusts in California

Re: benefits and inheritance

That's because he is the designated beneficiary. He can refuse the gift, but then the money will have to be paid to your sister's estate and go through probate, unless your sister designated alternate beneficiaries.

That being said, your father can gift each of you $12,000, this year, that's $24,000, and another January 1, without using any of his gift tax exemption amount which is huge. So, I would not worry about your dad taking the money and giving it to the two of you, unless your dad is a millionaire.

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Re: benefits and inheritance

Your father can disclaim any rights to receive money or property from your sister's estate.

However, by doing so, it is likely that you would have to file a probate. Depending upon your father's tax situation he may not want to deal with receipt of the property/money.

You would then have to obtain a written disclaimer from your father and proceed with the probate.

I recommend that you consult with a local attorney. The probate would be located where your sister resided.

Let me know if you would like to discuss this matter.