Legal Question in Wills and Trusts in New York

Wills - Disclaimer

If a person files a disclaimer to their inheritance in a

will, can they later change their mind and decide to accept

the inheritance, either before or after probat


Asked on 2/19/03, 11:47 pm

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Wills - Disclaimer

A disclaimer is irevocable. Only in unusually persausive cases (undue influence, drug inducement) will the disclaimant be released. It's a contratct.

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Answered on 2/20/03, 8:50 am
Walter LeVine Walter D. LeVine, Esq.

Re: Wills - Disclaimer

Usually, to be effective, the Disclaimer needs to be recorded in the Surrogate's Office. If it has not been recorded, you should be able to reject it. If it has been recorded and the assets not yet distributed, you will probably have to go to Court to get approval to negate it.

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Answered on 2/20/03, 10:17 am


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