Q: I am 1 of 10 siblings left in our mother's will and want to opt from this will can I do this before it goes to probate?
To clarify this, we are 10 living siblings whom my mother left the house to in her will. I want to decline my name off this will before it goes to probate or court is this possible? I really don't have any interest in the home what so ever and don't want to get involved with any decisions that need to be made. Can you please advice? Thank you
A:
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
You will need to file a written disclaimer with the court when the probate has been opened. Section 278 of the California Probate Code provides "The disclaimer shall be in writing, shall be signed by the disclaimant, and shall: (a) Identify the creator of the interest, (b) Describe the interest to be disclaimed, (c) State the disclaimer and the extent of the disclaimer."
Look through California Probate Code sections 275 through 288 for a general overview of this area of law. Be sure to consult your own attorney to protect your legal rights.
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