How do I get my name taken off a will?

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Latest post 11-09-2010 3:49 PM by ksmith5555. 15 replies.
  • 11-05-2010 8:36 AM

    How do I get my name taken off a will?

    My father passed away and left his home to my sisters and I in his will.  How do I have my name taken off the will?  There is fighting going on over the house and I want to move out and have my name taken off the will.  Thank you.

  • 11-05-2010 9:11 AM In reply to

    Re: How do I get my name taken off a will?

    ksmith5555:

    My father passed away and left his home to my sisters and I in his will.  How do I have my name taken off the will?  There is fighting going on over the house and I want to move out and have my name taken off the will.  Thank you.

    You can't get your name taken "off the will." The will says what it says. But you are not required to accept the gifts made to you in the will, either. If you don't want part or all of what was given you in the will, you do that by making a "disclaimer." The exact requirements for making the disclaimer will depend on the laws of the state where your father's estate is being probated, and you didn't mention that state. However, one thing you do need to know is that you must make the disclaimer no later than 9 months after his date of death to avoid federal gift tax consequences. You may wish to see a probate attorney in the state where the probate is taking place for help to make sure you get it right.

  • 11-05-2010 10:29 AM In reply to

    Re: How do I get my name taken off a will?

    Thank you for replying.  I live in New York state.  My father died two years ago.  I plan to move away from my family and lose contact with them.  What happens to my share if I dont pick it up?  This might be easier on me than having my name taken off the will.  I know this probably doesnt make sense to you but I dont want to be a part of my greedy family.

  • 11-05-2010 10:48 AM In reply to

    Re: How do I get my name taken off a will?

    Correction:  After the estate is settled - what happens to my share if I wont accept it?

  • 11-05-2010 11:15 AM In reply to

    Re: How do I get my name taken off a will?

    Unless you designate someone else to take your share of the house, it would go to your siblngs.

  • 11-05-2010 11:40 AM In reply to

    Re: How do I get my name taken off a will?

    That should make them happy shouldn't it?  That will shock the heck out of them.  I wonder if they will think of me while they are spending it?  Thank you so much.  Im so happy I can just walk away from all of this.

  • 11-05-2010 12:11 PM In reply to

    Re: How do I get my name taken off a will?

    Tiy CANNOT have your name removed.

    Write a letter to the executor declining your inheritance, if that makes you feel better.

  • 11-05-2010 1:54 PM In reply to

    Re: How do I get my name taken off a will?

    Why not just move out and ignore them without disclaiming anything?

    At some point they will need your signature to close the estate or sell the house.

    That's when your signature will be worth $$$ to you.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 11-05-2010 2:10 PM In reply to

    Re: How do I get my name taken off a will?

    ksmith5555:

    Correction:  After the estate is settled - what happens to my share if I wont accept it?

    If you do a disclaimer, your share of the estate goes to whomever would have received it if you had died before your father. If you simply do nothing, you leave the estate in limbo for awhile, but eventually it may go to the other estate beneficiaries or it might end up in the hands of the state. The disclaimer is the cleaner way to do it. In either event, now that it's been two years, you may have to file a federal gift tax return if you don't take your share. That doesn't mean you'd pay any tax—rather, it will simply reduce your lifetime credit for federal estate and gift taxes in the future. If your share of the estate when divided up among whomever will get it comes to $13,000 per person or less, even that won't be an issue. If it's more than that, it may be a good idea for you to discuss this with a tax attorney so you know the effect here of giving up your share. Should you still decide you want to walk away, the disclaimer is pretty easy to do.

  • 11-05-2010 4:22 PM In reply to

    Re: How do I get my name taken off a will?

    I love your answer.  I love people with your kind of attitude.  Do I seem strange to you?  I dont need the money.  I live a simple life and am very happy.  Whenever there is money there is evil.  I never had it to begin with so if I walk away I wont miss a thing.  They are acting like they won at a casino and are waiting to cash in.

  • 11-05-2010 4:23 PM In reply to

    Re: How do I get my name taken off a will?

    Can I write a letter asking to donate to a charity?

  • 11-05-2010 4:35 PM In reply to

    Re: How do I get my name taken off a will?

    ksmith5555:

    Can I write a letter asking to donate to a charity?

    Yes, you can write a letter.

    And they will ignore it because they have no legal obligation to comply with it.

    If you want it to go to charity then accept your inheritance when it comes and then give it to charity.

    You can still move out and ignore them till that happens.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 11-06-2010 8:44 PM In reply to

    Re: How do I get my name taken off a will?

    I've decided to move out - and away and ignore them.  We aren't talking a lot of money here.  By the time the executor and co executor take their executor fees and lawyer fees and real estate fees - there wont be much.  At my fathers funeral they were all on me to sign the probate papers ASAP.  I am so disgusted by all of them.  They cant wait for their free money.

  • 11-08-2010 8:01 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,510

    Re: How do I get my name taken off a will?

    It is probably too late for you to make a timely disclaimer of your share--you need to look up NY law on point--but usually one must do so somewhat timely in context of decedants passing--say 180 day or whatever.

    So lets say you get a 1/5 ahare of Blackacre.  You own an undivided share.  Whats the fight all about?--don't let noise get better of you!

    If you really want to motivate the Sisters to buy out your share , tell them you intent to lease out your interest  to Henry XX, the somewaht unbathed  but generally well behaved town drunk or one of his buddies for $1 a month.

    If Blackacre is worth  $200,000 then the 4/5 owners would be wise to buy you out promptly.

     



  • 11-08-2010 5:30 PM In reply to

    Re: How do I get my name taken off a will?

    Thank you very much for your answers.  They are very much appreciated.  Im not talking a lot of money here.  Maybe enough to buy some nice extra Xmas gifts.  I would rather walk away and let them fight it out.  There is a lot of bitterness in my family for a long time.  We dont exactly love each other - never have.  Its too deep to get into but I ran away from my family when I was 21 and lived a happy life without them for almost 60 years.  Being around them stirs up a lot of bad memories.  I cant tolerate them anymore.

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