My Dad, Uncle and Aunt are named beneficiaries in my Grandmothers will being probated in PA. Everything was to be divided equally among the three of them. My Aunt says that my Uncle is planning on signing over his share of the estate to her. How would he legally do this and is he able to do it at anytime, or does he have to wait until the estate is about to close (and see what he is actually giving up) before signing over his portion? Thanks
Your uncle should retain an experienced Pennsylvania estate lawyer to:
a) consult with him on whether this action makes sense given his circumstances;
(b), if so, the proper procedure for accomplishing such a transfer in that state; and
(c) have the necessary document properly prepared and executed.
Here in Connecticut, a beneficiary may do this through an "Assignment" and the Assignment may be executed prior to the estate's closing. Good luck to you and your uncle.
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I agree with Mr. Pankowski's answer and analysis. You could not use a disclaimer in this case, because then the uncle's share would pass not only to your aunt, but to other beneficiaries, as well. This would seem to defeat the intended purpose.
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