What form doI use to waive inheritance rights in my father’s estate and instead have my share go to my mother?

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What form doI use to waive inheritance rights in my father’s estate and instead have my share go to my mother?

My father died in February and in Puerto Rico if there is no Will the siblings will get his portion of anything he owns. I want to give my mother everything back so she can do what she wants with everything. I need to know what form to sign so my mother has all rights of my father and I have no right to his portion.

Asked on April 4, 2011 under Estate Planning, Florida

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  I am, though, a bit confused about the situation here.  I am assuming first that your Father died"intestate" meaning without a Will.  If that is the case then the intestacy statutes in Puerto Rico will apply.  Now, generally when someone dies intestate with a wife and children the wife gets a certain amount off the top of the estate  and then the estate is divided amongst the wife and children proportionately.  Were your parents legally married when your Father died? And you want your share to go to your Mother instead of your siblings?  Then I would suggest that you do not waive your inheritance because the amount will then go back in to the pot, so to speak, to be divided amongst those that do not waive (i.e., your siblings).  Speak with an attorney about how to handle it.  Good luck.  


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