Can I remove myself from my fathers will? - Estate Planning Law Questions and Answers- LawQA.com

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Can I remove myself from my fathers will?

My father passed away in July, when his last will was opened by the attorney he was to pay off creditors first and then anything remaining was to be divided among the 3 of us listed in his will, material and money, however, I do not want anything material or money from what my father had. I also dont want any part in getting rid of his belongings. Do I have to file anything with the courts to remove myself from the will?

Law Offices of Timothy G. Kearney, LLC
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You should file a disclaimer with the court.

Answer Applies to: Connecticut
Replied: 8/17/2011

Martinson & Beason, PC
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You can file a disclaimer in the Probate Court disclaiming any property from an estate. It must be done within 9 months of his date of death. Would be glad to help you with that.

Answer Applies to: Alabama
Replied: 8/16/2011

Ashman Law Office
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You can refuse an inheritance. To avoid confusion, have a lawyer draft an appropriate document.

Answer Applies to: Georgia
Replied: 8/16/2011

Answer By Eric Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis
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It's called filing a "disclaimer" and each state has its own rule of procedure for doing that.

Answer Applies to: Indiana
Replied: 8/16/2011

Answer By Dara Goldsmith
Goldsmith & Guymon
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Based upon the facts that you provided, I suggest you contact the attorney handling the Estate to discuss a qualified disclaimer. This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not.

Answer Applies to: Nevada
Replied: 8/16/2011

Asset Protection and Elder Law Center
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You only need to make this clear to the attorney and your siblings that you want nothing from the estate or will. You may need to put this in writing. I suggest you seek an attorney for a consult as this is a major right you are giving up and you want to make sure you are making the right decision and doing so legally.

Answer Applies to: California
Replied: 8/16/2011

Answer By Brian Haggerty
Minor, Bandonis and Haggerty, P.C.
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You may disclaim your interest in the estate.

Answer Applies to: Oregon
Replied: 8/16/2011

Burnham & Associates
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You should contact the attorney handling the Probate and prepare a waiver. They will assist you in this process.

Answer Applies to: New Hampshire
Replied: 8/16/2011

The Schreiber Law Firm
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Tell the attorney you wish to disclaim any interest in the will.

Answer Applies to: California
Replied: 8/16/2011

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