My brother want to give up his rights to my mothers estate is there a form i can print out for him to fill out and sign.

Wills And Estates 6 views 3 answers
my mom passed away and it is me and my brother left foe house and he do not want any part of the house he want to sign his rights to me

Attorney Answers

3
Cl Huddleston ·
The mechanism for refusing an inheritance is called a "disclaimer." It is not a court form, but a detailed legal document that must be prepared by a lawyer who is knowledgeable about disclaimers ... and most lawyers have no idea what a disclaimer is. If you are asking this question online, you must be trying to administer the estate (which, because real estate is involved, requires a "full" probate administration) without the assistance of an attorney, which is almost always a mistake. Any probate law expert can prepare a disclaimer, but you need more help than that. If you don't have a qualified attorney and would like a consultation in our Dayton office, please feel free to contact us. If the estate is in a county outside our service area, we will be glad to refer you to someone who works in that jurisdiction.
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James Frederick ·
For goodness sake...this is your inheritance at stake! Get a lawyer to make sure that this is taken care of and your brother does not come back in 5 years saying he changed his mind. Attorney Huddleston is an outstanding probate attorney in your area. I would strongly suggest that you contact him to assist you with this. If you get it taken care of RIGHT, now, you will not need to worry about things down the road. James Frederick
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Edward Albert BrownElder Law AttorneyCenterburg, OH ·
A disclaimer is not a court form and not something to do on your own. It can drastically affect not only the executor in terms of liability years later, but also the right of the other beneficiaries. Also, a dislaimant cannot "sign over" his rights to a specific person. He either gives up his claim entirely or he does not. I agree strongly with the above posts- you need to consult a specialized probate attorney to assist you.
0 upvotes

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