Legal Question in Wills and Trusts in New York
My father in law recently passed away. He had 4 children that are heirs to his estate. If one of the children wanted to relinquish his claim to his part of the estate, what documentation would he have to give the executor to do so. The estate claims were to be divided equally.
Asked on 9/27/09, 8:48 am
1 Answer from Attorneys
Norman Nadel
Norman Nadel, Esq.
A beneficiary under a Will may renounce an inheritance. If this is properly done in a timely manner then for purposes of construing the Will, the renouncing beneficiary is deemed to have pre-deceased his father. An alternative route is for the renounce beneficiary to give his inheritance to his siblings, however, this may have creditor and gift tax consequences.
Answered on 10/02/09, 10:35 am
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