what document is needed to declaim inhertiance

UPDATED: Oct 1, 2022

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what document is needed to declaim inhertiance

I’m the executor of a living will. My mom is the inhertiance, she wants to
declaim the inhertiance and hand it over to the executor.

Asked on August 30, 2017 under Estate Planning, New York


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

Answered 5 years ago | Contributor

When someone is listed as a beneficiary in a Will, they can "disclaim" or "renounce" their inheritance. For a disclaimer/renunciation to be valid it must be: in writing, an unqualified irrevocable refusal to accept any interest in the asset, and delivered to the executor within a certain period of time from the date of the decedent's death (this period varies from state-to-state). The Will then determines who inherits the disclaimed/renounced share.

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