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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 88627
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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I have been named as the main beneficiary in a will from a

Customer Question

I have been named as the main beneficiary in a will from a friend who recently died and lived in Maryland (I live in Virginia). If I should choose not to receive anything from the will, what do I need to do? Is there a legal disclaimer form or letter that I need to submit, and to whom should I send it? The will is currently in probate court in Howard County, MD. Also, is there a time limit as to when this needs to be done?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you choose not to receive anything from the will, you would file a notarized affidavit stating that you are disavowing yourself of any inheritance awarded to you under the will and it would be submitted to the probate court and to the executor of the estate. The disavowal of inheritance affidavit has to be submitted to the probate court before the estate is ordered for final distribution, but the sooner you do this the better as it would hold up the estate for redistribution of the bequest made to you.

There is no specific form for this disavowal affidavit, it simply states you are of the age of majority and of sound mind and that you have been informed by the executor of the amount of the bequest made to you and that you willingly without any coercion or promises are deciding to disavow your claim to any bequest made to you in favor of the estate and choose not to receive any such bequest. You would sign it in the presence of a notary and submit this to the probate court clerk with a duplicate original to the executor of the estate.


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Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 88627
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Law Educator, Esq. and 3 other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you. Just what I needed to know.


 


Doug

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you very much.

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