Legal and administrative process in U.S. upon refusal of inheritance

UPDATED: Jul 6, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 6, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Legal and administrative process in U.S. upon refusal of inheritance

I am a naturalized U.S. citizen and my parents are Japanese national.I plan for refusal of inheritance from my late father who left me and my mother large debt and a property in U.S. This property will be eventually repossessed by the Japanese government when we refuse inheritance.Do I have to follow any legal and administrative process in the U.S. regarding the property ownership and tax? If so what do I do? The property is in Hawaii.

Asked on July 6, 2009 under Real Estate Law, Hawaii


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You need to contact a CPA or other tax professional, to make sure there are not unwanted tax consequences to what you plan.

The mechanics of this will depend on the law of your state, and I'm not a Hawaii attorney.  But at some point, after you communicate your intentions to the personal representative of your father's estate, you'll be asked to sign a written document that waives your interest in this property, and that will probably have to be done in front of a notary.

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 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