Can the Beneficiaries of a Will Refuse Their Inheritance?

Almost anything can happen during probate. Strangers can show up, claiming to be your long-lost relatives and demanding a share of the decedent’s estate. You might find out that the testator of the will was richer or poorer than you had always thought. You might even find that the decedent wrote a new version of his or her will, with a completely different set of beneficiaries than the ones you had been expecting. There might be little or nothing for the beneficiaries to inherit once you settle all the testator’s debts. All of these scenarios are unpleasant, but at the personal representative of the estate, you know that they were possible, and you consulted a lawyer to prepare you for how to deal with them. What you were not expecting, though, is for a beneficiary to refuse to accept his or her inheritance. This does not happen often, but the law allows it. For help administering an estate where one or more beneficiaries do not want their inheritance, contact a Dade City probate lawyer.

How to Disclaim an Inheritance

According to Florida law, the beneficiary of a will has the right to refuse his or her share of the inheritance. An heir of an estate where the decedent did not write a will also has this right. This is called disclaiming an inheritance. A beneficiary may disclaim his or her inheritance by notifying the personal representative of the estate, in writing, of the intention to disclaim. The deadline for sending this notice is nine months after the decedent’s death. If there is a delay in opening the estate for probate, the beneficiary who wants to disclaim should consult a probate lawyer. Disclaiming one’s inheritance is an irrevocable action.

Beneficiaries who disclaim their inheritance do not get to decide where the money goes. Instead, state law dictates that it goes to the person who would inherit it if the disclaiming beneficiary predeceased the decedent. For example, if your father listed you as a beneficiary and your children as successor beneficiaries, your children get what would have been your share.  If an unmarried, childless man dies intestate, and one of his sisters disclaims her inheritance, the court divides what would have been her share among the decedent’s other siblings.

Why Would Someone Not Want to Inherit Money?

Beneficiaries do not disclaim their inheritance very often. They might choose to disclaim if the inherited assets are expensive to maintain and carry such a heavy tax burden that they would make the beneficiary’s financial situation worse. You might want to disclaim your inheritance if you are wealthier than your siblings and they need the money more than you do, so it would harm your relationship with them if you accepted the inheritance.

Contact a Florida Estate Planning Attorney About Disclaiming Inheritance

A probate attorney can help you if you are involved with an estate where beneficiaries want to disclaim their inheritance.  Contact The Law Office of Laurie R. Chane in Dade City, Florida to discuss your case.

Source:

usatoday.com/story/money/personalfinance/2025/06/27/how-disclaim-inheritance-why/84330310007/