Is there a form my mother’s legal husband can sign to waive his rights to her estate?

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Is there a form my mother’s legal husband can sign to waive his rights to her estate?

She was legally separated at the time of her death.

Asked on March 28, 2012 under Estate Planning, Arizona

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

A qualified disclaimer is the required document.  It has the impact as if he predeceased the decedent.  The will and/or state law will be enforced and followed as if he in fact predeceased the decedent.

Patricia F. Bushman / Bushman & DuBose, LLC

Answered 9 years ago | Contributor

Yes.  It is called a Disclaimer.  By signing the disclaimer he will be treated as if he died before she did.  His share will then go to her other heirs, or the person the will states will take if he doesn't.


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