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Lawyer Lori
Lawyer Lori, Attorney
Category: Estate Law
Satisfied Customers: 2156
Experience:  Attorney - estate planning and probate.
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how do i write a letter for next of kin (father) who is willing

Customer Question

how do i write a letter for next of kin (father) who is willing to give up his rights to heir in son inheirtance?
Submitted: 5 years ago.
Category: Estate Law
Expert:  Lawyer Lori replied 5 years ago.
Can you tell me what state the probate has been opened in?

Customer: replied 5 years ago.
this is the state of ohio and no probate has been filed because am not living in ohio to become adminstrator.
Expert:  Lawyer Lori replied 5 years ago.
The probate waiver signed is most likely just a waiver of notice of probate and not a waiver to give up any rights.

In order for your father to waive his rights to his inheritance, a letter stating that he is "I am writing to advise you that I am disclaiming my inheritance right to the _______ account of his son, (name and social security number) who died on (date)." Your father should then list the next of kin as determined under the following paragraph.

Under Ohio law, any funds would then pass as if your father predeceased your brother. Your father cannot select who gets the funds, they will pass under the intestacy statute if your brother did not leave a will. Money would go to your brother's mother if she is alive; otherwise, in equal shares to all of his siblings (if any sibling is no longer alive, that sibling's share will pass to that sibling's children).

After all this has been said, if your father is named as a beneficiary under your late brother's account and there is no contingent beneficiary, the account will be paid over to the Estate of (your late brother) and probate will need to be opened to obtain the funds.

I hope this has been helpful to you.
Customer: replied 5 years ago.
should it be noterized
Expert:  Lawyer Lori replied 5 years ago.
While not required, I would recommend that it be notarized.

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Lawyer Lori
Lawyer Lori
Estate Lawyer
2156 Satisfied Customers
Attorney - estate planning and probate.