If an heir relinquishes their inheritance, does their child have any right to it?

UPDATED: Sep 30, 2022

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If an heir relinquishes their inheritance, does their child have any right to it?

The person is the heir of real estate along with others. She has 1 adult son not related to the estate or the decedent at all. She is relinquishing her rights on the property because she will get other property. Does the son have potential rights on this estate property? That is, do I need the son to relinquish his rights on the property too?

Asked on December 9, 2015 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, the son would not have the right to the property, because in relinquishing her right, it's as if she were never named in the will (or is not entitled to inherit under instestate succession)--she has no connection to the estate, and nothing from the estate will pass through her to her own heirs or descendents. (Or rather: the son could inherit if he would stand to inherit on his own--e.g. he is also named in the will.)

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