Legal Question in Business Law in California
Do I have to accept being an heir to my late father's oil and gas leases receiving the bonus extension and future royalty payments? Can I just ignore filling out the w-9 and change of address forms to avoid being an heir, or do I have to file a quit claim deed with the county recorder's office?
2 Answers from Attorneys
You can't be forced to receive anything. But more information is needed. Is this a trust administration? A probate? Is counsel advising so that a disclaimer might be appropriate? How long ago was the death?
Why not ask the lessee if they want the interest and sell/gift it to them?
Under California law, you can disclaim an inheritance being directed to you under a will or trust. The provisions of law allowing this are fairly straightforward. They are in the California Probate Code. Look at Probate Code sections 260 through 295. I'd say you need to give particular attention to sections 265, 267, 275, and 278-282. As Mr. Christian suggests, you might want to consider alternatives to an outright disclaimer in case the leases are of substantial value to someone.
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