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

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. 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 Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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