Legal Question in Wills and Trusts in Texas
Removing names of heirs on Last Will & Testament
My husband (IN) and his brother (MO) would like for the third brother (TX) to receive all their mother's (who passed away) possessions. Is there a legal document that they would need to get to remove their names? Also is there any additional documents that would be needed?
2 Answers from Attorneys
Re: Removing names of heirs on Last Will & Testament
How to proceed depends upon where mother resided at the time of her death. If she was an Indiana resident, then her estate would be probated in Indiana and disclaimers or family settlement documents can be filed with the probate court for the sons to impliment how they intend to divide the estate. If she died a resident of another state, you would need to consult the probate laws of that state to determine how to proceed. However, I suspect there is a similar procedure in each state. Distribution of an estate is always controlled by the state of the decedent's residence.
Re: Removing names of heirs on Last Will & Testament
See Ms. Wunder's reply. Texas uses a waiver to forego interest in an estate.
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