What happens when a beneficiary renounces their inheritance?

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What happens when a beneficiary renounces their inheritance?

I am the executor of my mother’s Will. It states that there are 3 heirs – myself and 2 siblings. However, one of my siblings is not interested in their share and has provided me with a letter disclaiming it and asked that it be given to her children, as would naturally happen by disclaiming. The letter is signed and dated and was given to me within the 9 months of death as required but isn’t notarized and wasn’t filed at time of probate because it was received after. No one is disputing her disclaim and all heirs are ok with the transfer to her children. So do I just write checks to the kids and have them sign the release and receipt form?

Asked on December 10, 2014 under Estate Planning, Texas

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  Under Texas law, the disclaimer must be notarized and it must be filed, even if with the county clerk. So I would speak with an attorney on this matter to protect yourself as the fiduciary of the estate.  Good luck.


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