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 9 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. 


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