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.
Mississippi USLegal Pamphlet on Disclaiming an Inheritance
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FAQ
You make your disclaimer in writing. Your inheritance disclaimer specifically says that you refuse to accept the assets in question and that this refusal is irrevocable, meaning it can't be changed. You disclaim the assets within nine months of the death of the person you inherited them from.
A copy of the disclaimer must be delivered in person or mailed by registered or certified mail, return receipt requested, to the executor of the decedent's estate, the administrator of the decedent's estate, or any other fiduciary of the decedent or donee of the power.
If the decedent has a spouse and children, the decedent's assets are divided into equal shares for the spouse and the children. The descendants of any deceased child inherit that child's share. If the decedent has a spouse but no children, the entire estate passes to the spouse.
If you refuse to accept an inheritance, you will not be responsible for inheritance taxes, but you'll have no say in who receives the assets in your place. The bequest passes either to the contingent beneficiary listed in the will or, if that person died without a will, ing to your state's laws of intestacy.
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, ...
If there shall not be a child or children of the intestate, or descendants of such children, or brothers or sisters, or descendants of them, or father or mother, then such estate shall descend, in equal parts, to the grandparents and uncles and aunts, if any there be; otherwise, such estate shall descend in equal parts ...
Selling a House with Multiple Inheritors in Mississippi: If the inherited property has multiple heirs, the majority can decide to sell the house by filing a lawsuit of partition action in the state probate court of Mississippi.
