Can I remove myself from someone’s Will?

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Can I remove myself from someone’s Will?

Asked on October 25, 2015 under Estate Planning, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are listed as a benficiary in a Will, you can "renounce" or "disclaim" your gift. In other words, you can choose not to accept your inheritcance.
For a disclaimer to be valid it must be in writing, be an irrevocable and unqualified refusal to accept the asset or any interest in it, and be delivered to the executor within a certain period of time from the date of the decedent's death (this period varies from jurisdiction to jurisdiction). Further, the person signing the disclaimer cannot direct that the gift go to another recipient; the Will determines to whom the property passes.
For further information you can contact the local probate court or a probate attorney in the area.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, you can't remove yourself from another person's will (you do not have any say over what they put into their will), but also cannot be made to inherit anything against your wishes. You have the right to disclaim, or refuse, any inheritance in whole or in part, and whatever you disclaim will then be divided up amongst the other heirs. Or you could accept the property and donate it to charity.


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.

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