Q: Hello. My father had no will when he passed. I am currently in the process of becoming the administrator of his estate.
I have four siblings and one wants to disclaim his share of any inheritance. I was told by the Surrogate Court that he needs to file a disclaimer through a lawyer, but I'd like to know if hiring a lawyer is actually necessary. I've handled the estate without legal representation. I just delivered the surety bond to the surrogate and it's now been three months since our father's death.
A: If the estate were probated in NJ, the renunciation properly completed can be filed pro se. If propated in NY, you need to pose the issue with a member of the NY Bar.
Peter J. Weinman agrees with this answer
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