Legal and administrative process in U.S. upon refusal of inheritance

I am a naturalized U.S. citizen and my parents are Japanese national.I plan for refusal of inheritance from my late father who left me and my mother large debt and a property in U.S. This property will be eventually repossessed by the Japanese government when we refuse inheritance.Do I have to follow any legal and administrative process in the U.S. regarding the property ownership and tax? If so what do I do? The property is in Hawaii.

Asked on July 6, 2009 under Real Estate Law, Hawaii

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to contact a CPA or other tax professional, to make sure there are not unwanted tax consequences to what you plan.

The mechanics of this will depend on the law of your state, and I'm not a Hawaii attorney.  But at some point, after you communicate your intentions to the personal representative of your father's estate, you'll be asked to sign a written document that waives your interest in this property, and that will probably have to be done in front of a notary.


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