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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102584
Experience:  Fully licensed attorney in Texas in private practice.
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My Father passed away in without a will and I am one of

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My Father passed away in Virginia without a will and I am one of three siblings that survived him. My two sibling want to sell his home and land, but he still had a substantial mortgage and there are unpaid bills continually coming in to the estate. I do not want to expose myself to any risk or expenses involved in selling the property. I would like to waive or transfer any claim to the home and property to my siblings so they can proceed with the sale and I need to know how I can do this with as little expense and court involvement as possible. I want to Know what I can do to relinquish my claim to the property as an heir so that the two of them can act as if they were the only two heirs and to emancipate myself from any probate or legal process that may be necessary for them to sell.

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I am sorry to hear about your loss. Sure, of course you can waive your inheritance - this happens all the time for various reasons. Your siblings will likely have to file probate in order to transfer the deed to themselves. All you have to do is to provide a letter to the Court (you can send one to your siblings who will pass it on when they file, if you'd like) explaining that you do not want the home. This is called disclaiming inheritance. You have nine months to file the disclaiming letter from the passing of your father.

The letter is very simple, direct, and does not have to be long. It can simply explain who you are, what you are disclaiming, and what you are NOT disclaiming (if anything). It has to be signed and notarized.

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