Legal Question in Wills and Trusts in New York
Renunciation under NY EPTL
Under NY law, can a specific bequest of cash be renounced and then used to fund a special needs trust whose beneficiary is the renouncer.
Asked on 12/14/01, 8:21 am
1 Answer from Attorneys
Norman Nadel
Norman Nadel, Esq.
Re: Renunciation under NY EPTL
Generally, no.
A renunciation is treated as if the person renouncing died prior to the decedent. The Will can provide that a special needs trust will be funded if the beneficiary renounces.
If the Will is silent, then the property is distributed as if the name of the renouncer never appeared in the Will.
In fact, a receiver of government support who renounces may be deprived of government benefits.
Be very careful.
Answered on 12/14/01, 8:52 am
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