For DISCLAIMERS: Is an interest, indefeasibly vested on one person, if another claims all or part of the interest is her own?

Asked about 2 years ago - San Diego, CA

I have an intestate succession inheritance. I am using Disclaimer, to prevent it from going to a person who has no right to it, even though I lose my share. But I don’t know if it’s ”Timely “. Ca Probate code §279 states that in order to be effective a disclaimer “shall be filed within a reasonable …. And it is “conclusively presumed to have been filed in reasonable time if filed in nine months after death of creator of interest or within nine months after interest is indefeasibly vested, whichever is later. QUESTION#1: Is an interest, indefeasibly vested on one person, if another claims all or part of the interest is her own? QUESTION#2: If it is not deemed indefeasibly vested’ technically a person can’t disclaim because it is not adjudged theirs , RIGHT?

Attorney answers (1)

  1. James P. Frederick

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Your summary is confusing. I do not know how your disclaiming YOUR interest has any bearing on it going to someone else. Are you saying that you have a creditor (or perhaps a husband), that might find a way to get an interest in the asset, if you do not disclaim? If that is the case, then you can certainly disclaim the property. If you do not have an interest, then you cannot disclaim. You lost me in the indefeasibly vested section, as well. If you are concerned because you have not filed a timely disclaimer, then you should speak with an attorney to see if there may be a way to remedy a late disclaimer.

    If what I have suggested is the reason you are considering a disclaimer, you should speak with an attorney to make sure you do not have better options. Getting rid of the inheritance is pretty drastic insurance.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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