Legal Question in Wills and Trusts in New York
refusing bequest
In my mother�s will I was left 30% of her house. I did not need or want this, so I elected to not receive anything and wanted my share of the house to go to my brother. This was conveyed to the lawyer handling the case. He has sent me a form to sign that I believe does not coincide with my wishes. The form states
� In consideration of the property hereto received by me to wit: Full personal property bequest and 30% of the ownership interest in (property) , the receipt whereof is hereby acknowledged, I do hereby release, exonerate and discharge (name) as Executor of the estate of (name) and the surety of the bond given, of and from any and all liability and accountability to me and con sent that a decree may be made and entered discharging said Legal Representative(s) of and from any and all claims, demands, liability and accountability without further accounting.�
To me this means I retain 30 % interest in the property. I am afraid that when he wants to sell it the title search will show this and he will have problems. Please advise.
1 Answer from Attorneys
Re: refusing bequest
Your reading of the document is correct. But no harm is done. The executor can still prepare a deed naming your brother the owner of your 30% interest in the land. In all events however, you will have to sign the release of the executor of liability. If you are named on the deed you can sign a second deed to convey your interest in the land to your brother.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
