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My father is leaving me money in his will that I do not want. I have asked him to take me out of his wil but he won't.

Houston, TX |

He is dying now. Can I deny the money he's leaving me after he has passed on?

Attorney Answers 3


  1. Yes, after your father passes away, you can disclaim your share.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice


  2. The disclaimer will need to qualify under both the laws of the state in which your father dies (check with the estate attorney) as well as under IRS regulations. The IRS rules require the disclaimer be filed within nine months of death and before you have accepted any benefit from the assets left to you. If the estate attorney cannot assist you, you will want to consult with your own attorney to make sure the disclaimer is "qualified" under both laws.


  3. Yes, a qualified disclaimer is all that is required and it passes as if you predeceased your dad. The disclaimer is to be used to avoid you having to make a gift of what you get and using up your gift tax exemption, so it is imperative to make sure you meet all the requirements of a qualified disclaimer as defined under both federal and state law.

    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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