Legal Question in Wills and Trusts in Ohio

A person entitled to inherit property or assets from a decedent may "disclaim" such inheritance in total, or in part, by signing a proper written disclaimer. The person disclaiming the inheritance must not have accepted, used, or otherwise enjoyed benefits of the property or assets prior to making the disclaimer.

Also, in order for the disclaimer to be "qualified" under the Internal Revenue Code, it must be done within 9 months of the decedent's death. Such a qualified disclaimer could preserve advantageous tax treatment, but Ohio has established law which would permit a disclaimer to be made even after the 9 month period, so long as the person had not previously accepted or enjoyed the disclaimed assets.

I would recommend that you meet with an experienced estate planning attorney, in order to have the situation reviewed in detail. The attorney could then assist you by preparing a proper disclaimer.

I agree with the previous attorney's answer. I will also add that in today's housing market many heirs are faced with the problem that the house that they have inherited may not even be worth the mortgage owed on the home which makes the estate even more difficult and expensive to resolve. I have several cases in probate with this problem. Especially in the case of a hoarder, it is a significant amount of work on the executor and heirs. Good luck!