Legal Question in Wills and Trusts in Illinois
Refuse part of willed real estate
My husband and I will willed part of a family farm, most of it will remain in trust. Of the part we expect to receive a building or possibly 2 will need to be demolished after we get the property. We want to refuse the portions with the buildings, unless the trust removes them. Can this be done?
Asked on 3/01/09, 9:57 am
1 Answer from Attorneys
Jeffrey R. Gottlieb
Law Offices of Jeffrey R. Gottlieb, LLC
Re: Refuse part of willed real estate
Yes it can be refused through a "disclaimer". The property will then pass as if you had predeceased the decedent. There are a number of specific rules surrounding disclaimers, so you should contact an attorney ASAP.
Answered on 3/01/09, 10:39 am