Legal Question in Wills and Trusts in Missouri
Removing myself from a will
I've read the many posts about removing someone else from my will. What if I want to remove myself from somenone else's? I want out of my parent's will. The only thing I'm listed in it for is with my brother/sibling in facilitating their cremation. (no inheritance, no sizable estate, they give EVERYTHING away to charity while they're alive). My brother and father enjoy a great relationship with each other, and by their choice, none with me. I'd rather my brother just handle it. They do have enough in their estate to cover this expense, so in taking myself out of the situation I'm not sticking my sibling with an entire bill for something. My sibling does not keep in touch with me, and it would save my brother the burden of trying to locate and contact me for this. My brother and father have repeatedly chosen to exclude me from their lives, so it seems a farce--if not an insult--to only mention me for this. My father has shown a partiality and favoritism toward my brother as far back as either can remember, and this would be a bittersweet reminder of that. I'm sure this sniffs of huge family issues beyond what I'm saying, but that's really the long & short of it.
1 Answer from Attorneys
Re: Removing myself from a will
It is common for other family issues to cloud the testmentary plan of one. TIt is also more common, that those situations change and improve with age. You may later want to participate in the posthumous caring for your father's effects and body. but, if you still feel that way, you can disclaim the powers and rights you would get through the will. Make sure your brother has your current address, and can let you know when your father passes. You send him a letter that clearly states that you Disclaim any power or benefit from the decedent's will. Many counties have aform by which your can do this. Yoiu can find out by contacting the clerk's of the probate court of the county where your father lives or where he died.
Back to the changing family dynamics. Tomorrow is not guaranteed to anyone. Your father might outlive your brother. If your brother passes first, might this change your relationship with your parents? I advise that you not be overly rash in trying to make your plans to disclaim known.
Good Luck
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