Legal Question in Wills and Trusts in California

Heirship & Waivers

If a unnotarized letter was mailed to an attorney to accept heirship to land in California, and then later the same letter is resent via fax to waive heirship, does the second letter supersede the first letter? If so, what other form would need to be signed in addition to the actual waiver to relinquish my rights to the property?


Asked on 5/21/06, 9:11 am

2 Answers from Attorneys

Charles White Charles G. White

Re: Heirship & Waivers

It is extremely difficult to determine what you are talking about. Your use of the term "notarized letter" suggests that you mean a letter in which you have appeared before a notary public and signed the letter. However, I do not see what significance the notarization would have under the facts you present.

In any event, I have gleaned from your question that you do not want property that was either willed to you or inherited by you. There may still be time in which you can file a disclaimer, thus allowing the property to pass to others the same as if you had died earlier. There is a limited period of time in which to disclaim, and if time is still available, the attorney for the estate normally prepares the disclaimers. Instead of a disclaimer, you may want to consider accepting the property, and then deed/assign the property to a charity so that you can obtain a tax deduction. If there is enough property involved, it may be well worth your time to visit with your attorney and perhaps your CPA if taxes are involved.

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Answered on 5/21/06, 1:24 pm
Mona Montgomery Mona Montgomery, Attorney at law

Re: Heirship & Waivers

The acceptance takes place when you put the letter into the mail box. However, I would not worry too much about this. Most people are willing to let you unaccept propery.

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Answered on 5/23/06, 12:29 am


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