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socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 34386
Experience:  Retired (mostly)
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If the party disclaims his share of the property within the

Resolved Question:

If the party disclaims his share of the property within the estate in a timely manner, will the property go to the other two siblings, as he, the disclaimant wishes or will it go to his heirs (children)?
Submitted: 12 months ago.
Category: Estate Law
Expert:  socrateaser replied 12 months ago.
A timely disclaimer of estate property causes the property disclaimed to fall to the "res" of the estate (i.e., residual). if the decedent had a Will, then the decedent' instructions for distribution of the estate property would control. There is frequently a "default" distribution in a Will concerning estate residual property. If not, then a proportionate distribution would be made to all of the Will beneficiaries.

If there is no Will, then the state intestacy statutes will control the distribution, the outcome of which depends on the composition of the decedent's heirs.

Please let me know if my answer is helpful, or if I can provide further clarification or assistance.

And, thanks for using justanswer.com!
Customer: replied 12 months ago.

Thank you so much for your assistance in this delicate matter. I believe I have only one final question concerning the will-disclaimer-property rights.
The Will indicates the three siblings only as heirs to the property. No mention of default distribution according to the personal representative. (BTW - What is default distribution?)(An attorney stated that the property would go to the heirs of the disclaimant.) Based on the information provided, this is a false statement and the property will be divided by the two remaining heirs to the estate, correct. All based on filing of a timely disclaimer. Again, thank you. I will be kind in my gratuity. Peg

Expert:  socrateaser replied 12 months ago.
If there is a Will, then the Will controls the distribution of the decedent's property. The disclaimer has the effect of treating the disclaiming party as if he/she predeceased the decedent whose estate is to be distributed under the Will.

So, if the Will provides that the three beneficiaries would divide the decedent's estate, were the disclaimant to have predeceased the decedent, then that would control. However, if the Will provides that in the event of the disclaimant's death, that his or her children would take the disclaimant's share by representation, then the disclaimant's children would inherit.

There's no easy way to know for certain what the proper distribution here may be. You will almost certainly have to have a local estate attorney review the Will in detail to ensure that the distribution is correct.

Hope this helps.
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 34386
Experience: Retired (mostly)
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