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

UPDATED: Jul 20, 2012

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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 10 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.

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 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.

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