How to turn down an inheritance?

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How to turn down an inheritance?

My 2 brothers, sister and I (4 of us) inherited my father’s home after he recently passed away. We all get along and the 3 of us would like the youngest to keep the home; no sale just a transfer of the title. There is no outstanding debt or mortgage on the home or estate. Can the executor of the Will (no gain to be made other then the executor’s fee and not related) force us to sell the house? We would like our brother to assume the home. Can we write this off in Probate. The executor says she can force the sale. I believe she’s trying to beef up her “commission” otherwise she gets the base fee for being the executor. By the way we didn’t choose her. The Will states that the estate is be divided among the 4 of us. Can we as heirs choose to forgo our part of the estate?

Asked on April 12, 2012 under Estate Planning, Maryland

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the situation as it stands. You are all really wonderful siblings and your parents should be proud. What does the Will say as to the house?  Does it say that it has to be sold and the proceeds divided equally or does it state that you all inherit equally?  Are the proceeds from the sale needed to pay off estate debt?  The executor has great power but it sounds as if she is not acting properly here.  So seek legal help outside the estate attorney.  Yes, you can all waive the right to inherit the house but how the Will is written matters.  So please seek help.  Good luck.


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