How do I remove myself from a Will and transfer assets to my siblings?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do I remove myself from a Will and transfer assets to my siblings?

My brother died recently and his Will is tearing the family apart. I want my share to be split between the remaining siblings (one sister and one brother). I want to withdraw from the entire proceedings. My sister got short changed and is fighting the girl friend that is destined to inherit the most. I want the Will executed as written – minus my involvement.

Asked on October 10, 2011 under Estate Planning, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your loss and the situation that has resulted.  It is such a difficult time and deaing with money does not make it easier.  You definitely have the option of "disclaiming" your inheritance but I would caution you on doing that until you bring the Will to someone to read to tell you how your portion will be distributed.  You see, Wills are generally written to make sure that any money not accounted for becomes distributed or that any money disclaimed is split between certain parties.  At least a well drafted Will does that.  So even though you wish your portion to go to your siblings, the Will might not allow that.  It may, instead, be best for you to take the inheritance and once it is yours, to give it to your siblings.  Make sure before you say anything.  Good luck. 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption