Cedartown, GA asked in Estate Planning for Georgia

Q: My sisters and I get equal shares of monies from my mother's estate. If I disclaim my share, will my sisters receive it?

The bank from which we are receiving the inheritance states that I have a 14 year old debt to them; they want to keep it out of my share. This would take approximately 1/4 of the money. Had I known of this debt, I would have paid it off years ago, and I did not acknowledge said debt. I want to disclaim my share and let it go to my sisters. They want the sister that is local to receive it so she can distribute the money. Is this possible? How do I disclaim my share?

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2 Lawyer Answers
John W. Chambers Jr
John W. Chambers Jr
Answered
  • Estate Planning Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: I am not providing advice about your particular situation. However, here is some general information. There are certain rules required for a person to make a valid renunciation and disclaimer of an interest he or she would inherit from an estate. Generally, if there is a valid disclaimer (i.e., a disclaimer which complies with the requirements of law), the property would pass as if the person who otherwise would have received it predeceased the deceased person. To whom the property would pass depends on the provisions of the will if there is a will. If there is no will, then the property usually would pass in accordance with the rules of inheritance of the state in which the decedent died. Here is a hypothetical: Assume that a mother (whose is not married at the time of her death) has four children, all of whom survive her. Assume that she does not have a will. Under the rules of inheritance in Georgia, each of her children would receive an equal interest. Assume that one of those children (a son) executes a valid renunciation and disclaimer of his interest in the estate of his mother. If the son had descendants who survived his mother, his share would pass under the rules of inheritance to his descendants, per stirpes, and not to his siblings. For an attorney to be able to answer your question, he or she would need additional information. I recommend that you contact and retain the services of a probate attorney to assist you with this matter.

Robert W. Hughes Jr. agrees with this answer

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: If you disclaim your share, it will go to your children, not your sisters. Also, a disclaimer can be viewed as an attempt to avoid a debt. You should consult with an attorney prior to signing a disclaimer.

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