Legal Question in Wills and Trusts in New Jersey

You must file a written disclaimer within 9 months. Disclaimers are generally treated as if you predeceased the decedent. If the Will of your mother says if you predecease her your share goes to your children, then they would inherit your share. Nevertheless, there are many different methods of bequests. That is why you should check with a tax and estate attorney before doing a disclaimer.

I hope this helps!

Ron Cappuccio

http://www.SaveYourEstate.com

856-665-2121

You will need to execute a formal, written disclaimer. To be effective, it must be signed within 9 months of your mother's death, and you must not have accepted any of the property you are going to disclaim. In addition, the form of the disclaimer [and where it gets filed] will depend on the type of property you are disclaiming [e.g. insurance proceeds vs real estate].

You should have an attorney help you with this.

I agree and the form should be available at the Surrogate's web site. Best is to have a knowledgeable attorney assist you.