I wish to be removed from a will

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I wish to be removed from a will

I am a longtime friend of a woman who is now in hospice. I am named in the will but family members also named in this will are resentful of me and of course fighting with each other about who should get what. I don’t want any part of that ugly scene and wish to be taken out of the will. My relationship was not about money but about mutual friendship and I want to keep it that way. Can this be done simply? Is there a precedent for such a request?

Asked on March 12, 2018 under Estate Planning, California

Answers:

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

Answered 3 years ago | Contributor

At this point, since this woman is in hospice, she most probably is in no condition to amend her Will or re-execute a new one. Accordingly, what you can do is to renounce (or disclaim) your inheritance. In order to be valid, the renunciation must be: (1)in writing, (2) an unqualified refusal to accept any interest in the asset in question, and (3) delivered to the executor within a certain period of time from the date of the decedent's death (this time varies from state-to-state). The Will then determines who inherits the renounced share.


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