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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 39484
Experience:  Texas lawyer for 30 years in Estate law
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Do you know if a NJ Inheritance Disclaimer in an intestate

Customer Question

Do you know if a NJ Inheritance Disclaimer in an intestate situation where the two heirs of a person that dies are here two sisters. If the one heir wants to disclaim would it pass to her children or can she disclaim it to her sister?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Attorney2020 replied 1 year ago.

If inheritance is disclaimed, the inheritance reverts back to the estate. Now one could inherit and then gift the portion to whomever it likes like a sister. So it may be appropriate to simply inherit and then gift the inheritance to whomever you desire.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Expert:  Attorney2020 replied 1 year ago.

Please rate my answer so that I can be credited for my time. I thank you in advance for your cooperation. Thank you.

Customer: replied 1 year ago.
Been having problems logging in. Wanted to ask a followup. So if you disclaim the share goes back to the estate, I get that. But in an intestate situation where there are two sister heirs, would the one sister's share that goes back to the estate go to the remaining sister so she gets 100% or would the disclaiming sisters share go to her children. Thats my question.
Expert:  RayAnswers replied 1 year ago.

Hi Ray here a new expert.Let me help you here with your follow up.With disclaimer here it goes back into the estate--the disclaimed share and the remaining heir here gets it all.

If the sister wants her kids to have it she should accept the share, pay any taxes here and then gift the remainder to the kids.When you disclaim it goes back into the estate pot and the remaining heir or heirs under the law get it all.

Thanks for your patience.I hope this answers your questions. Let me know if you have more.

Expert:  RayAnswers replied 1 year ago.

The disclaiming heir has no input on who gets it, disclaimer merely waives their rights to it.Again if she wants her kids to have it she should accept it, pay taxes on it and then gift it to the kids.