Legal Question in Wills and Trusts in Mississippi
Release my claim on inherited land to another family member
What type of legal form can I use to give up all claims, now and in the future, to land that I inherited by right of birth to another family member. The land is located in Arkansas, but I live in Mississippi. Our family has been advised that if we can get as many members to give up their claim, it will be easier to probate the land and get a clear title in one persons name or one families name.
2 Answers from Attorneys
Re: Release my claim on inherited land to another family member
A disclaimer will work in Mississippi if the judge declares who is entitled to receive the property and authorizes the executor or administrator to enter an munument of title. However, the disclaimer possibly may not be effective against a general lienholder on the declarant's property interests.
Re: Release my claim on inherited land to another family member
If you have already inherited this property, or a share of it, you can prepare a Quitclaim Deed signing over your share to whoever you want. It would have to be filed in the county of the property.
If this hasn't been probated yet, and you don't actually own any part of it yet, you can disclaim all or part of your inheritance in the court where the estate is being probated. This is called a Disclaimer.
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