Disclaiming property in California

My grandmother wanted her property to go to my cousin and myself. Due to the fact that both our parents are disabled and receiving benefits. However she never updated her trust and it stated that my father and aunt get the property. Can they disclaim the property and have it go to my cousin and myself. She has two brothers as well, and I am an only child. Thank you.

Asked on June 11, 2009 under Estate Planning, California

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Anyone can disclaim proerty, however, there is a beter way to go about this.  If your grandma is still alive, she can amend the trust (presuming t is revokable) to place you and your counsin as the beneficiaries.  I suggest going to a lawyer immediately and having her execute the documets.  if your grandma past away, then you can have your paraents execute a quit claim deed giving the property to you and your cousin if this is her true intent.  If ther are no other objections in the family then you can get this done easily.  Otherwise you will have a problem.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.