how do we take my brother from his part in our mothers estate?

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how do we take my brother from his part in our mothers estate?

My brother was named in our Moms will, but wants no part of anything. Legally,he has to take himself out

Asked on July 5, 2016 under Estate Planning, Tennessee

Answers:

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

Answered 4 years ago | Contributor

A person who is listed as a beneficiary of a Will, can "renounce" or "disclaim" their inheritance. This means that they can choose not to accept it. Although the law regarding this varies from state-to-state, generally in order for a disclaimer/renunciation to be valid it must be: in writing, an irrevocable and unqualified refusal to accept the gift, and delivered to the executor of the estate within a certain timeframe from the date that the testator (i.e. maker of the Will) died. Further, the beneficiary who signs the disclaimer cannot direct that the gift go to someone else, since the Will determines where the property will go in such an event. Further information can be obtained from the local probate court or a probate attorney in the area of where the estate is to be administered.


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