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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 38358
Experience:  Texas lawyer for 30 years in Estate law
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I am in California. My question is can a person give up their

Customer Question

I am in California. My question is can a person give up their inheritance when going through small estate probate. My husband and I are going through my father in-law's probate procedure. He died without a will or trust. We filed for a probate assessor to come and evaluate the estate, it was valued under the small estate probate limits, we can go through the small estate probate. This is something we would like to do as the land that is included in the estate is under proposition 13 rules regarding property tax. However, my brother in-law wants to give up his portion of the estate and just let it go to my husband. If we go through the small estate probate as far as I know and the woman who is helping us with filing the proper documents does not think my brother in-law can give up his portion. He can do it if we go through full probate which takes significantly more time, money, and stress on all parties involved. Is there anyway for us to go through small estate probate and my brother in-law to give up his portion of the inheritance?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Your friend is correct here that this would have to go through full probate to be able file a disclaimer of interest.You certainly can file such application for probate here and then the disclaimer if you want the tax break.
I would consider doing that in this situation if the tax brake is substantial.
Here is the application DE-111 with self help.
http://www.alameda.courts.ca.gov/Pages.aspx/Preparing-the-Petition
You tube video on filing.
https://www.youtube.com/watch?v=B1kWyKErMUE
Law on disclaimer.
http://stimmel-law.com/en/article/disclaiming-inheritance-how-do-it
Forms for you.
STATE OF _____________________)
___________ JUDICIAL DISTRICT : ss.
or COUNTY OF _________________)
AFFIDAVIT OF DISCLAIMER OF INTEREST BY HEIR
I, ________________________________, swear upon my oath or affirm under
(print full legal name)
penalty of perjury, that to the best of my knowledge, information and belief:
1. _________________________ (“Decedent”) died on ___________________,
as shown by the attached certified copy of the Decedent’s Death Certificate.
2. I am the legal heir and/or have been named as beneficiary of the estate of the decedent.
3. I am the ______ (relationship to Decedent)
and may have a present or prospective interest in estate of the decedent.
4. I hereby disclaim any and all interest in the estate of the decedent
I agree to defend, indemnify and hold all other heirs and/or beneficiaries harmless from any claims, demands, fees or expenses that result in any way from their reliance upon this Affidavit.
DATED at _________________________, on this ____ day of ___________, 20___.
(city, state)
AFFIANT:
Signature:______________________________________________
(sign full legal name in presence of notary public)
Name (please print):_______________________________
Address:_______________________________________
_______________________________________
Telephone No.:_________________________________
SUBSCRIBED AND SWORN TO OR AFFIRMED UPON PENALTY OF PERJURY before me, this _____ day of _________________, 20___.
______________________________________
Notary Public in and for _____________
My Commission Expires:________________
It may certainly be worth it it you here to file for regular probate if you want the tax savings.No way around it here based on what you present if you want the brother to decline his interest.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.