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If the probate process has been extended in turn does that extend the time to file any disclaimers?

Milwaukee, WI |

my brothers have decided after examing their situation they do not want the house my father left to the 4 of us . They all have other aspirations and do not want to take any responsibility for the home .They made this clear to the mortgage lender, and they are not asking me to buy them out , It is the family home and I have been living in it for about 2years now , my brothers are residing in different states.. we were granted an extension on our probate can they still file disclaimers to the property thank you.
the deed has not been transfer yet .

since the answer appears to be no ... what should i be looking for an attorney to do..to remedy this

Attorney Answers 5

Posted

Attorneys McMahon and Pippen are correct. A qualified disclaimer must be filed within nine months of a decedent's death, but there may be other ways to accomplish your goals. Please retain an attorney to assist you with this matter. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

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Posted

A qualified disclaimer must be filed within 9 months of death. Please consult the probate attorney to see if any type of disclaimer can be filed (non qualified) or whether your brothers must make gfits instead.

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Posted

They would need their own attorneys to represent them.
My answer would be NO-but can be accomplished in other ways.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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Posted

I agree with my colleagues. A probate lawyer should be consulted. One possibility is that your brothers could execute quit claim deeds to you.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** 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. I hope you our answer helpful!

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Posted

Wisconsin disclaimers are governed by Wis. Stat. § 854.13. In certain situations, the 9-month time period may be extended by the court. You should consult with a Wisconsin probate attorney, preferably the attorney (if any) who is handling your father’s estate, regarding the options that may be available at this time.

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