Legal Question in Wills and Trusts in California

I reside in California and wish to be removed from my parents will. How do I accomplish this task? Do I need an attorney or can I simply write a letter to their estate attorney? If I need to write their attorney a letter, how can I locate the attorney who drew-up their will?


Asked on 5/28/10, 5:46 pm

3 Answers from Attorneys

Michele Cusack Pollak & Cusack

You don't have any say about what your parents put in their wills, nor do you have the right to know who they are planning to leave their estate to, while they are alive. After they die, if you are an heir, you may disclaim your interest (if you still don't want your inheritance after our children die, consult an attorney- there various requirements for a qualified disclaimer, stemming from federal tax law.) In that case, your share would probably go to your children, or if none, to your siblings. If you mean you don't want to be their executor, you can also decline that when the time comes, but there is nothing you can do about it now, except to let you parents know you would be unwilling to serve.

Even if you do locate your parents' attorney s/he cannot tell you anything about your parents' plan, while they are alive.

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Answered on 5/28/10, 9:04 pm
Michele Cusack Pollak & Cusack

correction: line 4 "still don't want your inheritance after your parents die...."

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Answered on 5/28/10, 9:06 pm
Anthony Roach Law Office of Anthony A. Roach

If you want to be disinherited, just keep annoying them. Distance yourself as much as possible and cause all kinds of family problems. Try to be the biggest troublemaker you can. Sooner or later, they will have the attorney cut you out of the will, and anything else.

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Answered on 5/29/10, 1:56 pm


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