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Attorney2020
Attorney2020, Attorney
Category: Estate Law
Satisfied Customers: 2578
Experience:  Estate planning and wealth preservation attorney.
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I am in California. My question is can a person give up

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:  Attorney2020 replied 1 year ago.
Yes, the brother can sign a disclaimer of interest pursuant to the California Probate Code. Here are the relevant the California Probate Code Section:275. A beneficiary may disclaim any interest, in whole or in part,by filing a disclaimer as provided in this part.278. The disclaimer shall be in writing, shall be signed by thedisclaimant, and shall: (a) Identify the creator of the interest. (b) Describe the interest to be disclaimed. (c) State the disclaimer and the extent of the disclaimer. The disclaimer should be filed with the Probate Court along with the other documents that are to be filed to show the court that your brother-in-law disclaimed such property. I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. Thank you.
Expert:  Attorney2020 replied 1 year ago.
PLEASE RATE MY ANSWER as that is the only way I receive credit for my time. Thank you.
Expert:  Attorney2020 replied 1 year ago.
Is there a reason why you choose not to rate my answer? Thank you.
Expert:  Attorney2020 replied 1 year ago.
Please rate my answer. Thank you in advance for your cooperation.
Expert:  Attorney2020 replied 1 year ago.
I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. Thank you.
Thank you in advance for your cooperation.

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