Legal Question in Wills and Trusts in Indiana

Ability to refuse inheritance

If my mother has a will that includes provisions leaving some property to me which I do not want and do not want to accept, can I legally just ''refuse'' to accept the inheritance?

I expect her to leave me some sort of ownership to a home in which my brother will live as long as he wants. I do not want to be responsible for the home if I can't sell it, rent it, etc.

Thanks!


Asked on 8/02/05, 6:00 pm

2 Answers from Attorneys
Anthony Park Anthony S. Park, PLLC

Re: Ability to refuse inheritance

No, you don't have to accept a testamentary gift. You can "disclaim" your inheritance.

However, it sounds as though you will receive a remainder interest in your brother's life estate in the home. You may not want to outright disclaim your right to the property. You should obtain a copy of the will/trust, and consult a local attorney.

You may contact my office at 212-401-2990 or email me at [email protected].

Anthony S. Park

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Answered on 8/02/05, 6:09 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Ability to refuse inheritance

If you don't want to be responsible or liable for the property, under NJ law (and probably for most states), you can elect to "disclaim" (formally refused to accept) the property if you don't want it or need it. Normally there is a time limit for disclaiming the property (e.g. 9 months after death).

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Answered on 8/02/05, 6:11 pm


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