In a probate, if there are 3 children beneficiaries, one of the children disclaims his interest, does that interest go to the disclaimant's children?
Asked on 12/13/10, 9:41 am
1 Answer from Attorneys
George Shers
Law Offices of Georges H. Shers
How does the child have the mental capacity to disclaim? How does a child have two children unless she is as teenage mother? If it were allowed, which it is not, disclaiming means the person selects not to receive that item so it goes to the two other children. For the interest to go to her own children, she would have to accept the property and then gift it to her children.
Answered on 12/20/10, 9:06 pm
