Q: Grandfather passed leaving Dad as soul recipient in his will. During probate Dad passed away.
Dad contacted the estate attorney stating he wished to gift grandpas house to me during probate, the lawyer advised to wait. Dad passed leaving me as the executor of the estate, and my brother 50/50 hairs, and the court made me the executor of grandpa's estate. My brother knows dad wanted to give me the house and has no problem with this, no interest in grandpa's estate. The lawyer stated the property will need to go into dads estate and my brother has to be deeded 50% of grandpa's house becouse dad passed while still in probate, then my brother will have to re-title to me. IC 32-17.5-4 covers a "Disclaimer of interest in property" explains disclaiming interest in a property, and this would seem much more direct keeping the two estates seperate. The lawyer will not respond to this question (or any question) until my brother and I sign a letter of permision to open dads estate but we are hesitant unsure if we are getting good legal advise. Is it possible to keep estates seperate?
A:
First, I am sorry to hear about your grandfather and father passing away. Yes, your brother is able to disclaim his interest in the real estate, however does your brother have children? If the Will states that your father's estate goes to his grandchildren if his sons predecease him, then may have a potential issue. If your brother disclaims then would go to his children. You want to make sure if your brother disclaims, that the property goes to you.
I would need more information about the Will and the estate to give you a better answer. If you have additional questions, please feel free to contact me at 317-565-1818.
-Will
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
