How do I relinquish my rights to inherited property?

UPDATED: Sep 30, 2022

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How do I relinquish my rights to inherited property?

My mother died 2 years ago and evidently left the house to my sister and I in the Will. My sister was executor of the Will but did not notify me of this. Now the mortgage company wants my sister and I to pay off the balance ($94,000). I live in another state and have no interest in this property. What do I need to file to have my name removed from the title (ownership)? My sister and I are not on speaking terms.

Asked on November 24, 2015 under Estate Planning, Tennessee


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You are not responsible to pay the mortgage.  You didn't assume the mortgage so the mortgage company cannot really sue you for the money.  You inherited the property and need to decide if you wish to pay jointly on the property by doing an assumption or you can have your sister buy you out.  If your sister is the executor, has she tried to pay off the mortgage using other estate assets? If not and you do wish to refuse the inheritance, the courts in your county should have free or low cost forms for you to present and serve to your sister to refuse the bequest.

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.

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