Can an heir give his inheritance to another heir by not accepting it in his name?

In our father’s intestate estate, there are 4 adult children getting equal parts of some land. However, 1 sibling wishes to give or assign his part of the land inherited to another heir and never have his name on the property. Does he have to accept the property into his name first on a deed beore he can give it away? Is this possible?

Asked on July 20, 2012 under Estate Planning, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, an heir to a bequest under a Will, trust, or intestate proceeding can "disclaim" his or her gift and request that someone else not named as an heir receive the gift in his or her stead.

The person "disclaiming" the gift does not have to first receive it. However, the decline of the gift must be stated clearly in writing by the person giving up the gift and filed with the court where the presumed probate or intestate proceeding is being handled.

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