Can Mother disclaim inhertance?

UPDATED: Oct 1, 2022

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Can Mother disclaim inhertance?

Sister inlaw died no will, no husband ,or kids, surviving is Mother ,sister and 2 brothers, Mother is in a rehab home with dementia,Wife is administrator, can the Mother disclaim inheritance?

Asked on August 29, 2018 under Estate Planning, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If she is, despite the dementia, still mentally competent, she can voluntarily disclaim it: if she is compentent, *she* must disclaim it, and no one can disclaim it for her. If she has been found to be mentally incompetent and hada guardian appointed for her by the courts, the guardian can disclaim for her. The administrator of the estate cannot disclaim for her unless the adminstrator is also her legal guardian.

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