Legal Question in Wills and Trusts in New Jersey

not sure what i need

whats the diffrence between disinherit your family or looking to disclaim assets from an estate .i dont want anything or be legally responsible for anything.


Asked on 3/25/09, 11:36 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: not sure what i need

"Disinherit" means you have a will that says certain members of your family are not to receive anything from your estate. While you may do this, some members of your family could still have claims against your estate and therefore be able to inherit.

Disclaiming means giving up any interest you have in a deceased person's estate. After a family member [or a friend]has died, and if you are the legal heir or a beneficiary under the deceased person's will, you sign a "Disclaimer". The effect is as if you had died before the deceased, and what would have been your share is given to other heirs without regard to your interest.

Has any family member or friend who might leave something to you, died? Until that happens, you cannot, and do not need to, take any action to disclaim.

In each case, you are not legally responsible for debts, unless you had some kind of legal obligation to provide for a person, for example, medical expenses of your spouse or child, if either of those are the deceased.

If any of these situations concerns you, you should consult an estates lawyer in your area.

Read more
Answered on 3/25/09, 12:06 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New Jersey