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What is the process to disclaim an inheritance in Marquette, MI?

Marquette, MI |

My grandfather passed away several years ago and did not leave a will; one of my uncles is the executor of the estate, and both of my parents are also deceased, so I am an heir to the estate. I was out of contact with the executor until recently and the estate has not been resolved or closed (there is real estate property that has not yet been sold). I am not interested in the inheritance and would like to disclaim any and all rights to it. I have not received any proceeds from the estate to date. Is there a form I can file that will allow me to do this?

Attorney Answers 4

  1. Best answer

    I agree with my colleagues. There is no pre-printed form. I would contact the attorney for the executor and notify him/her of your desire to disclaim your interest and I would have the attorney draw up the paperwork for you to do so.

    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!

  2. I do not believe that Michigan has a form that you can use. However, you, or the personal representative, can easily create a disclaimer. The caption would be "disclaimer". You would then make a written statement: "I disclaim any interest in the estate of _________________." You would then sign the statement, print your name under your signature and provide your address and telephone number. This document would then be signed and then filed with with the probate registrar in the County where the estate is located.

    I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.

  3. An affidavit of disclaim would suffice.

  4. I agree with Attorney Conway-but
    It would be best for an attorney to prepare
    and discuss the do and dont's, and timing
    issues and file it for you.
    You might have a timing issue concerning a disclaimer(at least on the federal tax level).

    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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