Q: Can an executor of a will disclaim an inheritance on behalf of the deceased?
My father passed away prior to the disbursement of his fathers estate. In my Grandfather's trust it listed heirs as My father, then his two son's as the beneficiary. My mother will become the executor of my father's estate and for multiple reasons it would be better if my grandfather's estate was passed directly to myself and my brother. Is this something that can be done?
The attorney for the trustee of my grandfather's estate has asked us to send him a copy of my father's will. We reside in Oregon and may need a California lawyer to handle this as our local attorney is not licensed to practice in California.
A: Unless the trust document provides otherwise, if a beneficiary survives the decedent but then dies later, the deceased beneficiary's share of the estate typically becomes part of the deceased beneficiary’s estate. Consequently, the deceased beneficiary's Will would provide for distribution. If there is no Will the father's estate would be distributed intestate.
A: The legal representative of the estate can disclaim an interest, so long as all of the other requirements under Internal Revenue Code section 2518 to disclaim an interest are met. A will doesn't make you an executor, the probate court makes you the executor with the proper probate petition. That probate action would be brought where the decedent was domiciled at the time of death.
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