Long Beach, CA asked in Probate for California

Q: Disclaimer of Interest in CA and ability to inherit that real property in the future

I would appreciate help with 2 questions, please.

My dad passed away intestate. I am about to sign and have notarized a Disclaimer of Interest for real property that my dad owned, so that the interest goes fully to my mom. CA Probate Code section 280 explains where to file the disclaimer.

My question is about paragraph (b). I don't fully understand this paragraph, but it uses the word "MAY": "... the disclaimer MAY be recorded in like manner and with like effect as a grant of real property." Does this mean that the disclaimer MUST be recorded?

If I have my Disclaimer of Interest recorded, then in the future, when my mom passes away and wants interest in this same property to go to me, will the fact that I recorded a Disclaimer of Interest for this property when my dad passed away exclude me from inheriting this property when my mom passes?

Thanks in advance for your help with these questions.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, regarding your first question, the use of "may" in California Probate Code section 280(b) suggests that recording the disclaimer is not mandatory, but it is an option available to you. This means that you have the choice to record the disclaimer, but it is not a requirement. Recording the disclaimer serves to provide public notice and clear the title of any claim you might have, which can be important for future transactions involving the property.

For your second question, disclaiming your interest in the property from your father's estate does not automatically exclude you from inheriting the property in the future from your mother's estate. A disclaimer is specific to the instance of inheritance in which it is made. If you disclaim interest in your father's estate, it does not affect any future interest you might have in the same property under your mother's estate. Your rights in a future inheritance are based on the circumstances at the time of that future event, such as the terms of your mother's will (if she has one) or the laws of intestate succession if she does not.

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