How to legally refuse an inherited property?

UPDATED: Apr 9, 2012

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How to legally refuse an inherited property?

My family is in the middle of trying to hold onto family land that has been passed from generation to generation with no will in place just default inheritance to the remaining heirs. Currently we are going into the 3rd generation of heirs with only one prior generation remaining ( she does not want anything to do with the land). There is no legally appointed executor. We are in need of developing a disclaimer letter for heirs who are refusing heirship so that we can move forward with those who do. Is there an example of a disclaimer letter we can use and have it signed by them?

Asked on April 9, 2012 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would not do anything here with out the help of an attorney.  If you dare have them sign away rights with out them being fully explained and the opportunity to consult with an attorney themselves then you will run in to a whole load of problems.  And this "no will" thing for the passing of the land through intestacy can run you in to money with taxes, etc.  Maybe it is time to do a little estate planning with a trust, etc., Good luck.

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