Can a beneficiary refuse an inheritance?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a beneficiary refuse an inheritance?

My sister has plans to name me in her Will to leave me 1/3rd of a house which I do not want. I will be expected to maintain upkeep and taxes. The majority holding will go to my nieces who would make use of the property only a couple of months in the summers. I have no wish to live on property so this would be a burden on me physically and financially. We’re talking about a house which was originally built as summer cottage at the beach over a hundred years ago. My sister has made no attempt to take me off her Will even as I expressed my wishes.

Asked on November 28, 2011 under Estate Planning, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes--a beneficiary has an absolute right to disclaim, or refuse, an inheritance. If your sister predeceases you (which, of course, is the only time that this would even matter) and at that time you still do not want the property, let the executor know that you are disclaiming the inheritance; do so in writing in some way that you can prove delivery and receipt (e.g. federal express with tracking; certified mail with return receipt; etc.).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption