Legal Question in Wills and Trusts in California
My brother and I are co-beneficiries in a trust. I wish to make a disclaimer for my share in order for the money to be distributed between my 3 adult children rather than having them wait until my death. If my brother is alive and wants his share to continue till his death before being disolved, may I still go ahead and do the disclaimer for my half and be successful in having the money distributed without opposition from him?
1 Answer from Attorneys
There are several requirements to doing a disclaimer, including accomplishing the disclaimer within the required time for it to be a valid disclaimer. However, before doing a disclaimer it is imperative to examine the trust to determine what will happen to the assets if you do a disclaimer. Although you want the money to go to your kids, you don't get to pick who it goes to, the trust specifies where it goes. I strongly encourage you to get legal advice before you do a disclaimer otherwise you are likely to end up with unintended consequences. These are serious decisions, and once done can not be undone.
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