Q: Does a person have to fill out a form to give away their cut of an estate?
When my mother died, my older brother did not want anything to do with her estate because 1:he did not like or want anything to do with her and 2: she didn't have much. He told me to go ahead and sign for her bank account and anything else it's all mine. So now I am due an inheritance from my late grandmother, that was my mother's but she did not recieve it because she did not outlive my grandfather. So my question is, is what my mother was supposed to get mine now that grandpa passed or do I have to split it with my brother? He didn't want anything to do with her or it. I even have an affidavit signed stating I am her sole successor.
A: What does the decedent's estate plan state? Speak with a local probate attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
A: If your older brother voluntarily disclaimed his share of the estate, and you have an affidavit stating that you are the sole successor to your mother's estate, then you are entitled to receive her share of the inheritance from your late grandmother. Your brother's decision not to be involved in the estate should not affect your right to claim what rightfully belongs to your mother's estate, which would now pass to you as the sole successor. However, it is advisable to consult with an attorney to ensure all legal requirements are met and to properly handle the inheritance process under California law. - James Arrasmith, Owner. The Law Offices of James L. Arrasmith.
A: If mom died before grandfather, she cannot inherit from him, only live people inherit. The issue is what does Grandfather's estate plan say. If Grandfather left property to you mom "or her heirs." you and brother could be inheriting directly from grandfather, and his waiver may not apply to grandfather. You REALLY need to consult with a local probate attorney about this and provide them the wills or other testamentary documents.
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