Alabama USLegal Pamphlet on Disclaiming an Inheritance

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Multi-State
Control #:
US-PMPH-10
Format:
Word; 
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Description

This pamphlet provides an overview of disclaimers by those who inherit assets they choose not to accept. Topics included cover why a disclaimer may be made and the general rules for making a disclaimer. A link to state-specific information is provided.

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FAQ

Within the various categories of heirs, each descendant of equal degree inherits equally and descendants of unequal degree inherit by representation (dividing the share that their parents would have taken). So, for example, if a person dies with three living children, each child would get one-third.

Which Assets Pass by Intestate Succession If you die with:here's what happens:a spouse and parentsspouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance of your intestate property parents inherit remaining intestate propertyparents but no children or spouseparents inherit everything5 more rows

An heir can sell their interest in heirs property. Do all heirs have to agree for heirs property to be sold? Under certain circumstances, such as a forced sale through a partition action or a tax sale, the property can be sold without all heirs agreeing.

The disclaimer must be in writing: A signed letter by the person doing the disclaiming, identifying the decedent, describing the asset to be disclaimed, and the extent and amount, percentage or dollar amount, to be disclaimed, must be delivered to the person in control of the estate or asset, such as an executor, ...

Surviving spouses and children are first to qualify as direct heirs-at-law in California's Intestate Succession which orders the priority of heirs on how closely they are related to the decedent. Grand children would qualify as direct heirs only if their parents are deceased.

In order to disclaim an inheritance, you will need to write a Disclaimer, which states that you are disclaiming your inheritance in writing. Within your Disclaimer, you will need to explain what is being disclaimed, whether it is only part of your inheritance or all of it, as well as sign the document to make it legal.

If one sibling is living in an inherited property and refuses to sell, a partition action can potentially be brought by the other siblings or co-owners of the property in order to force the sale of the property. In general, no one can be forced to own property they don't want, but they can be forced to sell.

Alabama personal representatives must make annual settlements of their administration. A final settlement can be made six months from the date of the grant of Letters Testamentary or Letters of Administration. If the estate is closed in less than one year, the final settlement is the only settlement.

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Alabama USLegal Pamphlet on Disclaiming an Inheritance