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  1. #1
    Join Date
    Jun 2011
    Posts
    3

    Default Can I Proactively Disinherited or Disclaim Myself from Mom's Will

    My question involves estate planning in the state of: New York

    Regarding Mom's will: She is still ALIVE - 87 and in poor health.

    long story short.

    I want to have myself removed from my Mom's will.
    proactively disclaim myself.

    Can that be done in New York? I've read that it can. That it needs to be in writing. but I don't know if there is any required declarations that must be include. And I don't know what to do with it after I write it.
    Get it notarized? To whom should give it? And when?

    Thanks.

  2. #2
    Join Date
    Apr 2009
    Posts
    757

    Default Re: In New York Can I Proactively Disinherited or Disclaim Myself from Mom's Will

    Since a will is not effective until the testator passes away and the will is admitted to probate, a disclaimer now does not really accomplish anything. You can certainly write the disclaimer up ahead of time.

    I don't know New York specifically. But I would be fairly certain that you will need to have the disclaimer notarized. And my guess is that the original should be filed with the court, with a copy to the estate's executor and the executor's attorney, if the executor retains an attorney.

  3. #3
    Join Date
    Jun 2011
    Posts
    3

    Default Re: In New York Can I Proactively Disinherited or Disclaim Myself from Mom's Will

    HarryLIME, you're a peach. Thanks for your answer. By "Disclaiming" in advance I'm trying to raise myself above muck that surrounds this issue. After the testator has passed the point will be moot. (I could benefit from an inheritance as much as anyone)

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