Legal Question in Wills and Trusts in New Jersey
mother died
Disclaiming means giving up any interest you have in a deceased person's estate. After a family member is dead. mother left 2 homes betwen 5 children i own my own house the reat have nothing, they wont sell or pay the taxes it will all be lost at some point. but before that hasppens i want out so nothing comes back on me. so i need to know what form i fill out to give up my share. i dont want to lose everything i worked for because my brothers and sisters are stupid and greedy. when this is all over there will be nothing left but legal bills. i want no part in this mess. tell me what i need to write up.
2 Answers from Attorneys
Re: mother died
Check with the Surrogate's office in the County where your mother resided at the time of her death. If anyone has started to probate or administer her estate, the Surrogate's office would know. You should have been given a notice by the person who filed for probate, but some personal representatives do not send required notices. Ask the Surrogate if it has a form disclaimer that you could file.
Title to house could legally be changed only by a duly appointed personal representative.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
Re: mother died
A Disclaimer form can be obtained from the Surrogate's Office where the Will was probated and must bge completed and filed within 9 months of the date of death. This can be a full disclaimer of interest in the estate, or a partial one which only e3ffects what is discribed in the document. Thus, if there are assets other than the house that you will be receiving, you can disclaim only your interest in the house, or your share of the entire estate. Contact me directly if you need assistance. This is a reply to an Internet question, and is not intended to be legal advice.
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