Legal Question in Wills and Trusts in New York

My fiance is inheriting a house in CO and we are in NY. We do not want the house. What can we do?


Asked on 3/23/11, 1:36 pm

3 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

If the will is administered pursuant to New York law, the gift can be rejected by the execution and delivery of a renunciation. If the will is administered pursuant to the laws of some other state, it would be necessary to communicate with an attorney in that state to determine if the gift can be rejected, and if so, how to do it.

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Answered on 3/23/11, 1:44 pm
Michael Markowitz Michael A. Markowitz, PC

Why not take the house and immediately list it with a broker? Upon sale the money would be transferred to you. You may then use the money for your necessities. Or, if you do not want the money, you may make a charitable donation.

Mike.

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Answered on 3/24/11, 5:24 am
Walter LeVine Walter D. LeVine, Esq.

I agree with both Mike and Norman. Disclaimers are usually allowed in most states. However, this could produce unintended results (someone not intended to receive the property can get it), so it might be better if you took the property, sold it or gave it to someone.

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Answered on 3/25/11, 8:03 am


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