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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 40082
Experience:  30 years in civil, probate, real estate, elder law
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In category of inheritance problems: I have undergone a

Customer Question

In category of inheritance problems: I have undergone a legal name change. I am estranged from my family, since 1989. Because of problems with my toxic family, too numerous to list here, I do not want to be found. I do not want family to have my new legal name or my location. My brother is executor of my mother's estate. Mother recently passed away and within 4 weeks, my brother (using Private Investigator) tracked down my address. He is stating that he want me to contact him so that 'we' can settle her estate.
I have researched and know that I can file a Disclaimer to renounce anything I might have inherited. Problem: I cannot sign anything using my old family name (I.e. Mary). My current legal name, by Court Order, is Linda. They do not know that. In filing the Disclaimer to renounce the inheritance, I would have to reveal that I have changed my legal name, that I am no longer 'Mary', and that my name is ***** ***** that blows my whole purpose in undergoing legal name change. My purpose for legal name change was to leave family, and find a way to prevent them from finding me and abusing me. It was expensive. I do not want to under mine that effort to escape a toxic family, live far away under a new name which they do not know, and have some peace and quiet.
This inheritance is completely unwanted; in fact I am really, really angry that my brother is hounding me about settling this estate. it can't be a lot of money - or a few personal items which I do not want. I do not want the reminders of painful family abuse.
About the disclaimer, what do I do? I cannot legally sign any documents using 'Mary'. I cannot legally accept any money using 'Mary'. I cannot be the recipient of any items, a quilt, an oil lamp (which my mother attempted to throw at me - painful memories and completely unwanted). The Disclaimer would probably have to be filled out official form, notarized. It would be illegal for me to use my old name 'Mary' on a document, notarized, in order to Disclaim this inheritance. I do not want to give out my current location or new Court Ordered name 'Linda' to anyone in my family.
Are there other ways to renounce an unwanted inheritance - by gesture (tear up the check and mail it back to them?), by deed - cross out the name on the envelope and mail it back to them, etc.? would that be acceptable in Court for probate court to settle the estate.
Then send my brother a Cease and Desist, to stop trying to find me, track me down, hound me with this issue of settling the estate - in short leave me alone?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you tonight.

You would have to sign your legal name here to a disclaimer of interest.Otherwise you choose to ignore them here and do nothing.They likely would pay inheritance share into probate court and if unclaimed it passes to the state after time has passed.

If you decide you want to disclaim here you have to sing your legal name in front of notary.

Model Qualified Disclaimer Form

I,________________________________________________ (DISCLAIMANT), in

accordance with the provisions of Section 2518 of the Internal Revenue Code and

Section ___________ of the State of ______________________________ (INSERT

NAME OF APPLICABLE LAW), do hereby irrevocably disclaim my interest in any and

all property (OR A PARTIAL DISCLAIMER - ENTER THE PARTIAL AMOUNT, IF

APPLICABLE) passing under Section ____ of the_

(NAME OF QUALIFIED PLAN) of___________________________________________

(NAME OF PARTICIPANT), deceased on ____________________________________

(DATE OF DEATH), said disclaimed property being more particularly described as

follows:

(DESCRIPTION OF QUALIFIED PLAN AND DEATH BENEFIT)

___________________________________

(DISCLAIMANT OR DISCLAIMANT’S LEGAL

REPRESENTATIVE)

THE STATE OF ________________

COUNTY OF __________________

This instrument was acknowledged

before me on the _______ day of

_____________, 20___ by (DISCLAIMANT OR DISCLAIMANT’S LEGAL REPRESENTATIVE).

_______________________________

Notary Public in and for the

State of ____________________

I received this disclaimer on the ______ day of _____________________________, 20__

Otherwise you ignore them and they keep your share and it escheats to the state usually after five years or so if unclaimed.

I gave you the form if you want to disclaim.Honestly I think that might be the best way to resolve this.It is very likely they already know you did a name change here since they found you.

I appreciate the chance to help you tonight.

Expert:  Ray replied 1 year ago.

You can do the letter if you choose here, they are just required to try and locate you so you can have your share.You can send them the letter or disclaim it if you choose.This is your judgment call.I can tell it is very personal to you.I am so sorry for all you have been through.Thanks for allowing me to help you.