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Question: Wills, Trusts, Probate - Oklahoma

Asked on 11/4/2009
Can i forfeit my share of my fathers estate? It has gone through probate & the property has split equally amoung the heirs.
After probate, the property was split equaly amoung 7 heirs, I believe it is called a "tenant in common". I was named head of the estate & I have tried desperately to sell the property. However, my siblings will not agree on a price. In the past 2 years, I have paid the expense on the property upkeep; property taxes, lawncare, etc. I know the estate will reimbuse me on expenses, but the other heirs will not allow me to sell it. It has become a financial burden on me. I would like to simply forfeit my share & let my siblings fight amoung themselves.

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Answers (1):

J.M.A., Member in Good Standing of the Connecticut Bar


I am a lawyer in CT and practice in this area of the law.  you are permitted to disclaim your rights to property that is to be distributed in probate, such as under a will.  I suggest that you truly think about the inheritance right that you were given and decide whether you really want to relinguish that right to the property.  there may be ways to resolve disputes that have not been thought of or posed.  if your siblings cannot agree on a price then perhaps once of them or you would buy the other's interest in the property to end the dispute.  There are other methods that can work however, if you want to disclaim your rights you can file a letter with the probate court and it will take notice accordingly.



  • Answered on 11/4/2009
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