Legal Question in Wills and Trusts in Virginia

Inheritance rights

Our father passed away intestate. Following that, our grandmother passed away, also intestate. We relectanly signed a disclaimer to relinquish our rights, we thaught to our aunt, and have since found out that the disclaimer was done incorrectly & the rights passed to our children instead. Our aunt is requesting a new disclaimer be signed to relinquish the children's right. We don't feel we should sign it. Her lawyer is planning to take it to court. Where do we stand on the matter? Do we have to sign the new disclaimer? Should we retain legal council if it goes to court? There has also been mention of expenses encured by our aunt, which we are willing to compensate for our portion, that we have asked for details on but have not received. Can we require the lawyer to send us this information? Lastly, if it goes to court & they side with the children, will they $ be put into a trust until they are of legal age, would they get a check, etc...?


Asked on 11/30/06, 8:31 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Inheritance rights

Of course, you don't have to sign anything, no matter what it's called, whether a "disclaimer" or whatever.

You should have legal counsel who is knowledgeable in Virginia probate and the laws governing inheritance in the Commonwealth and who can advise you now upon this matter rather than waiting to see "if it goes to court" before retaining such counsel.

You cannot require your aunt's lawyer to send you anything regarding the expenses which she may have incurred in attempting claim this entire estate.

As to whether benefits from the estate would be placed in a trust if the children were to prevail in this matter, there is insufficient information in your question to make that determination.

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Answered on 11/30/06, 10:30 am


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