How I get taken out of a Will entirely?

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How I get taken out of a Will entirely?

Asked on January 22, 2016 under Estate Planning, Arizona

Answers:

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

Answered 5 years ago | Contributor

You really have no control in being named in a Will to recieve a gift. The testator (maker of the Will) can include whomever they like as a beneficiary. However, as a beneficiary, you need not accept your inheritance. You can "disclaim" or "renounce" your the bequest. In other words, you can choose not to accept the inheritcance. In order for it to be valid a "disclaimer" or "renunciation" must be an irrevocable and unqualified written refusal to accept the the gift (or any interest in it), that is delivered to the estate executor within a certain time after the testator's death (this period varies from state-to-state). Further, the person signing the disclaimer cannot direct that the gift go to someone else (the Will determines where the property goes).
For state specific information you can contact the local probate court or a probate attorney in the county in which the probate was opened.


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