Legal Question in Wills and Trusts in California
My brother, sister, and I are all named the beneficary of my Aunt's estate. My brother, due to Medicare reasons, would like to disclaim his share of the inheritance. My Aunt did not put in her will any conditions if anyone passes prior to her. Will his share be divided among my sister and I? or will my brothers share go to the beneficiaries in his will?
2 Answers from Attorneys
The share disclaimed by your brother will fall into the residue clause of your aunt's will and will be divided by the instruction of that clause, which may include you as beneficiaries.
Sorry about the passing of your aunt.
Inheriting from her estate will not effect your brother's Medicare eligibility. Does he receive Medi-Cal or Medicaid? If so, then he should talk to an attorney about the disclaimer because it may still effect his eligibility depending on what state he lives in.
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