Legal Question in Wills and Trusts in California

procedure to waive inheritance

My parents were separated (not legally) for 20+ yrs. Since they were still married legally my mother is entitled to 1/3 separate property. She does not want this. How (during probate) does she waive rights? At what point in probate must this be done? Separate property basically is just a house. There is no will.


Asked on 6/14/07, 4:45 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: procedure to waive inheritance

Why does she not want to inherit? She could always give the inheritance away. If her is no Will, then she would get the entire assets since she is still married to him. Who is going to probate the estate; if it is worth less than $100,000 she does not have to go through probate. Was the house community property? If so, she would get it. Why do you think she is entitled to only 1/3rd of the assets? She probably could just file with the Court a notice on legal paper that she declined any inheritance.

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Answered on 6/14/07, 9:07 pm


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