# Inheriting Something You Don't Want **URL:** \ **Category:** Factual Questions\ **Created:** [April 2, 2007, 12:05pm UTC](https://boards.straightdope.com/t/inheriting-something-you-dont-want/398412 "2007-04-02T12:05:31Z")\ **Posts on this page:** 14\ **Page:** 1
**Author:** ![HeyHomie](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/heyhomie/32/207_2.png) [@HeyHomie](https://boards.straightdope.com/u/HeyHomie)\ **Post date:** [April 2, 2007, 12:05pm UTC](https://boards.straightdope.com/t/inheriting-something-you-dont-want/398412/1 "2007-04-02T12:05:31Z")
When my grandfather died, his house went to my mother and her sister. The house is a crumbling hunk of junk in a bad neighborhood. Fortunately, Mom was able to sell it (after over a year on the market), but in the meantime she was responsible for property taxes, upkeep, etc. Suppose my grandfather had left it to some obscure relative who barely knew him, just for shits & giggles. Would that person legally have been responsible for its property taxes, upkeep, etc.? Could they have refused it? Could they argue that it should be my mom’s responsibility, what with her being next of kin and all that? What about custody of children? If the will states that they go to you, and you don’t want them, are you SOL? The implications of this issue have been made very clear of late. When two F2 tornados blew through Springfield last spring, there was a house that had a tree blown into it. The house had been empty for some time, with the owners out of state. The house has sat there for over a year, with a tree lying across the middle of it, while area scofflaws have used it as a place to dump their trash. Needless to say, neighbors have been complaining. The city has claimed that cleanup and repair are the responsibility of the out-of-state owners. The out-of-state owners have said that they don’t have any money, that they got the house when their dad left it to them, and that paying several thousand dollars to repair a worthless house isn’t in the cards. Doubtless the courts are going to be involved. I guess the bottom line is, is there a legal remedy to exclude yourself from an inheritance that you don’t want? ---
**Author:** ![Kalhoun](https://avatars.discourse-cdn.com/v4/letter/k/3bc359/32.png) [@Kalhoun](https://boards.straightdope.com/u/Kalhoun)\ **Post date:** [April 2, 2007, 12:09pm UTC](https://boards.straightdope.com/t/inheriting-something-you-dont-want/398412/2 "2007-04-02T12:09:50Z")
[QUOTE=HeyHomie] I guess the bottom line is, is there a legal remedy to exclude yourself from an inheritance that you don’t want? [/QUOTE] I’d think you would have to sign something to take title of a building, but I’m not sure. I can’t imagine it would be legal to force someone to be an owner of something. Maybe there’s a lawyer out there who knows these things? ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [April 2, 2007, 1:04pm UTC](https://boards.straightdope.com/t/inheriting-something-you-dont-want/398412/3 "2007-04-02T13:04:10Z")
[QUOTE=HeyHomie] I guess the bottom line is, is there a legal remedy to exclude yourself from an inheritance that you don’t want? [/QUOTE] Yes. In most jurisdictions it is called a disclaimer. Here’s an example of a statute describing the procedure for disclaiming an inheritance: > [@](#): > > § 37A. MEANS OF EVIDENCING DISCLAIMER OR RENUNCIATION OF > PROPERTY OR INTEREST RECEIVABLE FROM A DECEDENT . Any person, or > the guardian of an incapacitated person, the personal > representative of a deceased person, or the guardian ad litem of an > unborn or unascertained person, with prior court approval of the > court having, or which would have, jurisdiction over such guardian, > personal representative, or guardian ad litem, or any independent > executor of a deceased person, without prior court approval, who > may be entitled to receive any property as a beneficiary and who > intends to effect disclaimer irrevocably on or after September 1, > 1977, of the whole or any part of such property shall evidence same > as herein provided. A disclaimer evidenced as provided herein > shall be effective as of the death of decedent and shall relate back > for all purposes to the death of the decedent and is not subject to > the claims of any creditor of the disclaimant. Unless the > decedent’s will provides otherwise, the property subject to the > disclaimer shall pass as if the person disclaiming or on whose > behalf a disclaimer is made had predeceased the decedent and a > future interest that would otherwise take effect in possession or > enjoyment after the termination of the estate or interest that is > disclaimed takes effect as if the disclaiming beneficiary had > predeceased the decedent. Failure to comply with the provisions > hereof shall render such disclaimer ineffective except as an > assignment of such property to those who would have received same > had the person attempting the disclaimer died prior to the > decedent. The term “property” as used in this section shall include > all legal and equitable interests, powers, and property, whether > present or future, whether vested or contingent, and whether > beneficial or burdensome, in whole or in part. The term > “disclaimer” as used in this section shall include “renunciation.” > In this section “beneficiary” includes a person who would have been > entitled, if the person had not made a disclaimer, to receive > property as a result of the death of another person by inheritance, > under a will, by an agreement between spouses for community > property with a right of survivorship, by a joint tenancy with a > right of survivorship, or by any other survivorship agreement, > account, or interest in which the interest of the decedent passes to > a surviving beneficiary, by an insurance, annuity, endowment, > employment, deferred compensation, or other contract or > arrangement, or under a pension, profit sharing, thrift, stock > bonus, life insurance, survivor income, incentive, or other plan or > program providing retirement, welfare, or fringe benefits with > respect to an employee or a self-employed individual. Nothing in > this section shall be construed to preclude a subsequent disclaimer > by any person who shall be entitled to property as a result of a > disclaimer. The following shall apply to such disclaimers: > (a) Written Memorandum of Disclaimer and Filing Thereof. In > the case of property receivable by a beneficiary, the disclaimer > shall be evidenced by a written memorandum, acknowledged before a > notary public or other person authorized to take acknowledgements > of conveyances of real estate. Unless the beneficiary is a > charitable organization or governmental agency of the state, a > written memorandum of disclaimer disclaiming a present interest > shall be filed not later than nine months after the death of the > decedent and a written memorandum of disclaimer disclaiming a > future interest may be filed not later than nine months after the > event determining that the taker of the property or interest is > finally ascertained and his interest is indefeasibly vested. If > the beneficiary is a charitable organization or a governmental > agency of the state, a written memorandum of disclaimer disclaiming > a present or future interest shall be filed not later than nine > months after the beneficiary receives the notice required by > Section 128A of this code. The written memorandum of disclaimer > shall be filed in the probate court in which the decedent’s will has > been probated or in which proceedings have been commenced for the > administration of the decedent’s estate or which has before it an > application for either of the same; provided, however, if the > administration of the decedent’s estate is closed, or after the > expiration of one year following the date of the issuance of letters > testamentary in an independent administration, or if there has been > no will of the decedent probated or filed for probate, or if no > administration of the decedent’s estate has been commenced, or if > no application for administration of the decedent’s estate has been > filed, the written memorandum of disclaimer shall be filed with the > county clerk of the county of the decedent’s residence, or, if the > decedent is not a resident of this state but real property or an > interest therein located in this state is disclaimed, a written > memorandum of disclaimer shall be filed with the county clerk of the > county in which such real property or interest therein is located, > and recorded by such county clerk in the deed records of that > county. > (b) Notice of Disclaimer. Unless the beneficiary is a > charitable organization or governmental agency of the state, copies > of any written memorandum of disclaimer shall be delivered in > person to, or shall be mailed by registered or certified mail to and > received by, the legal representative of the transferor of the > interest or the holder of legal title to the property to which the > disclaimer relates not later than nine months after the death of the > decedent or, if the interest is a future interest, not later than > nine months after the date the person who will receive the property > or interest is finally ascertained and the person’s interest is > indefeasibly vested. If the beneficiary is a charitable > organization or government agency of the state, the notices > required by this section shall be filed not later than nine months > after the beneficiary receives the notice required by Section 128A > of this code. > (c) Power to Provide for Disclaimer. Nothing herein shall > prevent a person from providing in a will, insurance policy, > employee benefit agreement, or other instrument for the making of > disclaimers by a beneficiary of an interest receivable under that > instrument and for the disposition of disclaimed property in a > manner different from the provisions hereof. > (d) Irrevocability of Disclaimer. Any disclaimer filed and > served under this section shall be irrevocable. > (e) Partial Disclaimer. Any person who may be entitled to > receive any property as a beneficiary may disclaim such property in > whole or in part, including but not limited to specific powers of > invasion, powers of appointment, and fee estate in favor of life > estates; and a partial disclaimer or renunciation, in accordance > with the provisions of this section, shall be effective whether the > property so renounced or disclaimed constitutes a portion of a > single, aggregate gift or constitutes part or all of a separate, > independent gift; provided, however, that a partial disclaimer > shall be effective only with respect to property expressly > described or referred to by category in such disclaimer; and > provided further, that a partial disclaimer of property which is > subject to a burdensome interest created by the decedent’s will > shall not be effective unless such property constitutes a gift > which is separate and distinct from undisclaimed gifts. > (f) Partial Disclaimer by Spouse. Without limiting > Subsection (e) of this section, a disclaimer by the decedent’s > surviving spouse of a transfer by the decedent is not a disclaimer > by the surviving spouse of all or any part of any other transfer > from the decedent to or for the benefit of the surviving spouse, > regardless of whether the property or interest that would have > passed under the disclaimed transfer passes because of the > disclaimer to or for the benefit of the surviving spouse by the > other transfer. > (g) Disclaimer After Acceptance. No disclaimer shall be > effective after the acceptance of the property by the beneficiary. > For the purpose of this section, acceptance shall occur only if the > person making such disclaimer has previously taken possession or > exercised dominion and control of such property in the capacity of > beneficiary. > (h) Interest in Trust Property. A beneficiary who accepts > an interest in a trust is not considered to have a direct or > indirect interest in trust property that relates to a licensed or > permitted business and over which the beneficiary exercises no > control. Direct or indirect beneficial ownership of not more than > five percent of any class of equity securities that is registered > under the Securities Exchange Act of 1934 shall not be deemed to be > an ownership interest in the business of the issuer of such > securities within the meaning of any statute, pursuant thereto. [http://tlo2.tlc.state.tx.us/statutes/docs/PB/content/htm/pb.000.00.ii.00.htm](http://tlo2.tlc.state.tx.us/statutes/docs/PB/content/htm/pb.000.00.ii.00.htm) Notice there are time limits and restrictions–(g) is crucial. Once you’ve accepted the property, you usually can’t change your mind because it turns out to be a bad deal. Children aren’t inherited. If the will says you get custody, that’s generally not conclusive, anyway. In the guardianship proceeding that ensues, you can say you don’t want the kid. ---
**Author:** ![HeyHomie](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/heyhomie/32/207_2.png) [@HeyHomie](https://boards.straightdope.com/u/HeyHomie)\ **Post date:** [April 2, 2007, 10:44pm UTC](https://boards.straightdope.com/t/inheriting-something-you-dont-want/398412/4 "2007-04-02T22:44:12Z")
Then what happens to property that no one wants? If I inherit a house, and disclaim it, then does it just sit there and rot, and the city has the responsibility of demolishing it? ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [April 3, 2007, 12:05am UTC](https://boards.straightdope.com/t/inheriting-something-you-dont-want/398412/5 "2007-04-03T00:05:23Z")
[QUOTE=HeyHomie] Then what happens to property that no one wants? If I inherit a house, and disclaim it, then does it just sit there and rot, and the city has the responsibility of demolishing it? [/QUOTE] It’s a bit complicated, and I’m pressed for time right now. In most cases a will will have a residuary clause, which spells out who gets things that weren’t otherwise provided for in the will. That’d be the first place to look. If the only residuary beneficiary is the person filing the disclaimer or there isn’t a residuary clause, it gets a bit more complicated. If truly nobody wants the property, then it will probably go to the state. Depending on the facts and local law, it’s possible the estate (assuming there were assets besides the house) would be liable for demolition costs, but I haven’t really thought that part through. ---
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [April 3, 2007, 12:15am UTC](https://boards.straightdope.com/t/inheriting-something-you-dont-want/398412/6 "2007-04-03T00:15:40Z")
[QUOTE=Gfactor] …If truly nobody wants the property, then it will probably go to the state. Depending on the facts and local law, it’s possible the estate (assuming there were assets besides the house) would be liable for demolition costs, but I haven’t really thought that part through. [/QUOTE] IANAL, but my understanding is that if there are no heirs (or the heirs don’t want it) the estate goes to the state and property is auctioned off and the proceeds added to the general fund. ---
**Author:** ![Harmonious\_Discord](https://avatars.discourse-cdn.com/v4/letter/h/74df32/32.png) [@Harmonious\_Discord](https://boards.straightdope.com/u/Harmonious_Discord)\ **Post date:** [April 3, 2007, 12:51am UTC](https://boards.straightdope.com/t/inheriting-something-you-dont-want/398412/7 "2007-04-03T00:51:08Z")
You don’t have to take ownership of anything in a will. They will ask you to sign a legal paper saying you don’t accept the item. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [April 3, 2007, 1:15am UTC](https://boards.straightdope.com/t/inheriting-something-you-dont-want/398412/8 "2007-04-03T01:15:43Z")
[QUOTE=alphaboi867] IANAL, but my understanding is that if there are no heirs (or the heirs don’t want it) the estate goes to the state and property is auctioned off and the proceeds added to the general fund. [/QUOTE] Here’s a thread where we talked a bit about this: [Missing heir question - Factual Questions - Straight Dope Message Board](http://boards.straightdope.com/sdmb/showthread.php?t=369528) ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [April 3, 2007, 1:16am UTC](https://boards.straightdope.com/t/inheriting-something-you-dont-want/398412/9 "2007-04-03T01:16:52Z")
[QUOTE=Harmonious Discord] You don’t have to take ownership of anything in a will. They will ask you to sign a legal paper saying you don’t accept the item. [/QUOTE] It’s called a disclaimer. ---
**Author:** ![Harmonious\_Discord](https://avatars.discourse-cdn.com/v4/letter/h/74df32/32.png) [@Harmonious\_Discord](https://boards.straightdope.com/u/Harmonious_Discord)\ **Post date:** [April 3, 2007, 2:34am UTC](https://boards.straightdope.com/t/inheriting-something-you-dont-want/398412/10 "2007-04-03T02:34:12Z")
[QUOTE=Gfactor] It’s called a disclaimer. [/QUOTE] As Lucy would say “That’s it!” ---
**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\ **Post date:** [April 3, 2007, 5:36am UTC](https://boards.straightdope.com/t/inheriting-something-you-dont-want/398412/11 "2007-04-03T05:36:14Z")
From the Illinois statutes: > [@](#): > > (760 ILCS 25/0.01) (from Ch. 30, par. 210) > **Sec. 0.01. Short title.** This Act may be cited as the Disclaimer Under Nontestamentary Instrument Act. > (Source: P.A. 86?1324.) > > ``` > (760 ILCS 25/1) (from Ch. 30, par. 211) > **Sec. 1. Right to Disclaim Transfers Under Nontestamentary Instruments.** A grantee, donee, person succeeding to a disclaimed interest, beneficiary under a nontestamentary instrument or contract or person designated to take pursuant to a power of appointment exercised by a nontestamentary instrument may disclaim in whole or in part the succession to any property, real or personal, or interest therein by delivering or filing a written disclaimer in the manner provided in Section 2?7 of the "Probate Act of 1975". > > ``` > > (Source: P.A. 83?426.) [Probate Act of 1975](http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075500050HArt%2E+II&ActID=2104&ChapAct=755%A0ILCS%A05%2F&ChapterID=60&ChapterName=ESTATES&SectionID=63276&SeqStart=5300&SeqEnd=7200&ActName=Probate+Act+of+1975%2E). ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [April 3, 2007, 2:10pm UTC](https://boards.straightdope.com/t/inheriting-something-you-dont-want/398412/12 "2007-04-03T14:10:13Z")
I don’t have anything to contribute to the discussion, other than to say that the section **Gfactor** quoted is one of the worst-drafted statutory provisions I’ve ever seen! Do they not have sub-sections in Texas?!? That pig should be broken up into about 5 different sections, with further sub-sections, to make it easier to read and understand. A block of text like that is pretty much incomprehensible. The reader needs white spaces to make sense of it. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [April 3, 2007, 2:40pm UTC](https://boards.straightdope.com/t/inheriting-something-you-dont-want/398412/13 "2007-04-03T14:40:18Z")
[QUOTE=Northern Piper] A block of text like that is pretty much incomprehensible. The reader needs white spaces to make sense of it. [/QUOTE] Part of that is my fault (sort of). The thing is broken up into subsections (a)-(h). Unfortunately: 1. The main paragraph and subsection (a) are still huge; 2. Texas statutes open up in olde-fashioned Courier instead of a proportionally-spaced font and the text includes line-breaks, which accounts for the stupid half-width quote. I would have had to spend half an hour cleaning that baby up to make it more readable, and I didn’t have the time. Try the link and you’ll see what I mean. 3. So it’s my fault for failing to either clean up the quoted material or find a better-written or better formatted statute to use as an example. ---
**Author:** ![olmrfu](https://avatars.discourse-cdn.com/v4/letter/o/e68b1a/32.png) [@olmrfu](https://boards.straightdope.com/u/olmrfu)\ **Post date:** [April 3, 2007, 2:56pm UTC](https://boards.straightdope.com/t/inheriting-something-you-dont-want/398412/14 "2007-04-03T14:56:13Z")
I wish I’d known about that disclaimer. I got my grandfather’s house and he had a mortgage on it that exceeded the market value and I paid the difference.