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Who Does Disclaimed Property Go to in Intestacy Cases?

Who Does Disclaimed Property Go to in Intestacy Cases?

Q: Can a disclaimant's children inherit the disclaimed asset?

No, a disclaimant's children cannot inherit the disclaimed asset. The disclaimed share is not passed down to the disclaimant's heirs but is instead reallocated to other heirs of the deceased as per intestacy laws.

Q: Who decides how a disclaimed asset is distributed?

The distribution of a disclaimed asset is determined by intestacy laws, which outline how assets are to be divided among surviving relatives. Typically, this involves the remaining heirs, such as siblings, receiving the disclaimed share.

Q: What is intestacy law?

Intestacy law governs the distribution of a deceased person's assets when they die without a valid will. It specifies how assets are divided among surviving relatives, such as spouses, children, and siblings, based on their relationship to the deceased.

Q: Can a sibling disclaim their inheritance?

Yes, a sibling can disclaim their inheritance. By doing so, they formally refuse to accept their share of the estate, which then passes to other heirs according to intestacy laws. This can be done for various reasons, including tax considerations or personal preferences.

Full question:

If a disclaimant in an intestacy circumstance (there are other siblings) has heirs, her children, who is the beneficiary of the disclaimed asset?

Category: Wills and Estates
Subcategory: Disclaimer of Property Interest
Date: 04/07/2025
State: Maryland

Answer:

The disclaimant's share does not pass to the disclaimant's heirs, but goes to the other heirs of the deceased under the laws of intestacy or other surviving tenants or beneficiaries named on the asset.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens to a disclaimed asset in intestacy?

When an asset is disclaimed in intestacy, it does not pass to the disclaimant's heirs, such as their children. Instead, the asset is redistributed among the remaining heirs according to intestacy laws. This means that the disclaimed share will typically go to the other siblings or relatives who are entitled to inherit under the law.