Legal Question in Wills and Trusts in Minnesota

Refuse a gift

Someone died and left me something in her will that I don't want. Can I refuse it? If the answer is yes, how do I refuse it? Thank you.


Asked on 8/30/05, 11:08 am

2 Answers from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Refuse a gift

The process is called a disclaimer. I believe that Miller Davis, Minnesota's biggest forms company, has a form for that. 651-642-1988.

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Answered on 8/30/05, 11:20 am
J. Chris Carpenter Harvey and Carpenter

Re: Refuse a gift

Thank you for your question regarding refusing a gift from a person's estate. Generally, you can refuse a gift, although there are certain exceptions where you cannot. For example, you may not be able to refuse a gift if you are facing garnishment.

A gift is refused by filing a disclaimer with the probate court. The disclaimer must be filed within nine months of the person's death.

Please feel free to give me a call if you have any more questions or need help in preparing and filing a disclaimer.

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Answered on 8/30/05, 3:14 pm


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