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Is disclaiming an inheritance the only option in the event of an inheritance that can cause the beneficiary legal problems?
Anonymous2 views2 answers
My girlfriend is set to inherit her father's house after he passes away (he has terminal cancer). However, he has stipulated that she must allow his wife (not my girlfriend's mother) to stay there as long as she wishes, as well as several tenants who are living in the house's make-shift apartment units illegally (i.e., the house is not zoned for apartment units, the rent has been collected without declaring income for tax purposes, repairs/construction on the apartment units are likely not up to code, etc.). Because of these stipulations, my girlfriend cannot sell the house as long as these people are living there. She is justifiably concerned about being held liable for these illegal circumstances. Is her only other recourse to disclaim the inheritance, or does she have any other opti
What her father stipulates to now and what he puts in his final will may be two different things. Wait until the will is read before formulating any decisions. Allowing his wife what amounts to a life estate is a valid stipulation if in the will. Allowing illegal tenancy is not something he can mandate in a will, any more than he could require your girlfriend to not rent to gays or hispanics. Such a provision would not be enforced by any court.
The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise
I have to agree with Mr. Fink - I wouldn't do anything until you have an opportunity to review the will (and trust, if established) and get with an estate administration attorney to discuss the implications of these documents. As previously noted, any stipulation in the will that the "illegal" renters be allowed to remain on the property would likely be unenforceable; however, the life estate - if properly structured - is permissible. Good luck with everything, and be sure to get with a qualified estate planning/administration attorney after her father passes, as their advice will be invaluable at that time.
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