Legal Question in Wills and Trusts in Washington

Re: disclaiming inheritance

Just to stress the importance of the last comment in Mr. Preble's response, there may be gift tax ramifications if you simply gift half of the value of the estate after the probate is closed. Those tax issues are dependent, in large part, on your circumstances (size of YOUR estate, age, beneficiaries, etc.). The new tax laws have muddied the waters a bit. Therefore, if the estate and YOUR estate is of any significant value it would be money well spent to at least confer with an attorney or accountant prior to deciding between gifting and disclaiming.

Re: disclaiming inheritance

The estate needs to be probated. It is not an easy procedure for a layperson, and may be costly as well. There was one estate that I probated in which I discovered $ 150,000.00 of assets that the executor in pro per did not realised belonged to the estate because of his lack of understanding of real estate law. Attorney's fees are strictly regulated by law. I will be happy to assert your rights on your behalf. Please call me directly at (619) 222-3504.

Re: disclaiming inheritance

Unless there are tax considerations, settle the probate and give her half when it's all finished. Technically, you would be giving her your own money at that time, because the will gave it to you, though in actuality it would be half the estate.

You should check with an attorney and accountant, however, as to whether the amount should be disclaimed in probate instead of the informal procedure I suggested.