Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

How Do I Disclaim my Inheritance and How Long Does it Take?

Posted on Mon Jan 19, 2015, on Probate and Estate Administration

From our “Ask a Question” Mailbag: Disclaiming an Inheritance Under a Will in New Jersey

Most Recently Updated July 8, 2018.

“My mother’s Will gives me the option to disclaim on my inheritance, how is this done and how long does it take to prepare a disclaimer?”

Where-Do-I-Contest-a-Will

Disclaiming an Inheritance Under a Will in New Jersey

Disclaiming an Inheritance Under a Will in New Jersey

A disclaimer is an heir’s legal refusal to accept a gift or a bequest. If you properly execute a disclaimer, the asset disclaimed will pass to whoever would have received it had you died before the person who left the asset to you.

In your example, your mother left you an inheritance which if disclaimed by you will pass to whoever would have received that asset had you died before your mother. Often this will be your children, but you must make sure you fully understand the ramifications of the disclaimer before exercising this right.

There is a Deadline!

In New Jersey, the disclaimer of a testamentary transfer must be properly filed within 9 months of the date of death. The disclaimer must be in writing, signed and acknowledged by the disclaimant (yourself), it must describe the property disclaimed and it must declare the disclaimer, and must specify the extent of the disclaimer.

All of this can be accomplished in a few weeks, but I would start the process as early as possible as you can never tell if there might be unforeseen complications.

More Probate Questions?

Disclaiming an inheritance under a Will in New Jersey is only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.

In Conclusion: Disclaiming an Inheritance Under a Will in New Jersey

I hope that this article was helpful in explaining disclaiming an inheritance under a Will in New Jersey. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do

Tags:

Camden County, Inheritance, New Jersey, Probate Attorney, Probate Lawyer

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

A.R.

Peter and his associates made things easy for us.

Klenk Law Logo
Stars

Gene Link

Knowledgeable lawyers, helpful attitude, fair fees.

Klenk Law Logo
Stars

Brian M.

Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.

Klenk Law Logo
Stars

Ian Marchant

Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.

Klenk Law Logo
Stars

Anne W.

I saw four lawyers and was told by all of them; I should just forget contesting my mother's will. I knew what happened, but it is very hard to prove undue influence. I contacted the Law Offices of Peter L. Klenk & Associates. Attorney Amanda DiChello took my case. They were very honest and upfront about what would be involved trying to prove what I knew was true. Attorney DiChello may be young but she is extremely knowledgeable and skilled. She listened and understood what I conveyed to her. She knew exactly what information to use and crafted an outstanding interrogatory and many powerful depositions. Attorney DiChello understood the various emotional feelings this case created for my family and me; she was always there for us with a kind and encouraging word. We went to trial. The amount of work which she and her Paralegal did for the trial was incredible. They both knew my case inside and out! Attorney DiChello's powerful interrogative and thinking skills produced a positive outcome. Attorney DiChello did what other seasoned lawyers said was impossible!

Let us put our expertise to work for you.

Free consultation within 24 hours.