Full question:
In the form, disclaiming an inheritance, it does not clearly say who will get the money after the disclaimant disclaims. Can You, or will you, explain that to me before I buy the form??
- Category: Wills and Estates
- Subcategory: Disclaimer of Property Interest
- Date:
- State: California
Answer:
The answer will depend on all the facts and documents involved. For example, under a will, the will maker may specify how a disclaimed gift is to be distributed. If a person dies intestate (without a will), the disclaimed property will pass according to state intestacy laws, which vary by state. Sometime the heirs will make a private a greement to buy out another's heir's share in property. We suggest you contact a local attorney who can review all the facts and documents involved.
California law states as follows:
"Unless the creator of the interest provides for a specific disposition of the interest in the event of a disclaimer, the interest disclaimed shall descend, go, be distributed, or continue to be held (1) as to a present interest, as if the disclaimant had predeceased the creator of the interest or (2) as to a future interest, as if the disclaimant had died before the event determining that the taker of the interest had become finally ascertained and the taker’s interest indefeasibly vested. A disclaimer relates back for all purposes to the date of the death of the creator of the disclaimed interest or the determinative event, as the case may be."
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.
