Disclaiming property in California

UPDATED: Jun 11, 2009

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Disclaiming property in California

My grandmother wanted her property to go to my cousin and myself. Due to the fact that both our parents are disabled and receiving benefits. However she never updated her trust and it stated that my father and aunt get the property. Can they disclaim the property and have it go to my cousin and myself. She has two brothers as well, and I am an only child. Thank you.

Asked on June 11, 2009 under Estate Planning, California


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Anyone can disclaim proerty, however, there is a beter way to go about this.  If your grandma is still alive, she can amend the trust (presuming t is revokable) to place you and your counsin as the beneficiaries.  I suggest going to a lawyer immediately and having her execute the documets.  if your grandma past away, then you can have your paraents execute a quit claim deed giving the property to you and your cousin if this is her true intent.  If ther are no other objections in the family then you can get this done easily.  Otherwise you will have a problem.

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