Disclaim & Renounce Inheritance of Real property Questions?? (CA) (attorney, vent, deposit)

[JanND]

ocngypz....Thanks for your suggestions, very good advice.

I asked my niece today, why she needed me to disclaim my brothers estate....she said that the Union, that my brother had a retirement fund with, has refused to release the monies to her brother, who she stated was named beneficiary. Something to the effect of the Union not releasing funds to a non-spouse.

It doesn't make sense to me, usually, when you are the beneficiary, you just present the necessary paperwork, id's death certificate..and it is a non-issue. Since mt brother relied on County help for medical and food stamps....I would not be surprised to see some sort of lien on his property.....house or otherwise.

It just all makes me nervous......That is one of the questions I have typed up for my consultation.....I'm trying to write out factual related questions, so that if I can get a Calif Att consult, I will not be wasting time or money....ust can't afford to get stuck paying anything out of pocket....if it comes from the house, or his retirement that is more than fine with me. I knew nothing of my interest in either til a couple days ago....I didn't even know there was a retirement.

I have no doubt he was named, my brother was very caring of both of them. I just do not believe that I should sign anything regarding my brother's interest in the house or his personal property, until I hear this from someone in authority.

She said there is no probate started, that this comes first....my signing over the interest in both the house and my brothers personal property.

She said after I disclaim, than they will be following probate codes and my other niece will be given the opportunity to disclaim the property.

[Jkgourmet]

Stop listening to your niece. Don't sign anything until your CA attorney tells you it's okay.

[convextech]

Originally Posted by JanND

I am trying to talk to another attorney tomorrow. After speaking to a distant Cousin yesterday that lives there, I found that out that I have a cousin-in-law that sells realty, she may be able to refer me to a probate attorney for a consultation long distance.

My niece called me this am, throwing a fit about my asking to contact her attorney, she has a real sense of entitlement.....it was extremely aggravating to listen to her rail at me.

After repeatedly saying to her, that I am not trying to fight with her, simply trying to reassure myself of my decisions. After I become more informed, then I can decide whether to sign the disclaimer, with some additional text regarding holding myself and my husband from any monetary issues related to this home She then complained about having to be responsible for all this, following my brother's death.

I know this is a difficult situation, I told her that, no one would choose any of this....I do understand that my living so far away, and not doing any of the things that I might, day to day should I live there seems unfair to her and my nephew.

I just want to make the decision to sign off on this home with some knowledge and reassurance, and at the end, they can be rewarded with a house to flip, they can recoup their expense, I will have done my duty to my Mom's house...and I can live with myself without regrets.

I kept telling her, trying to calm her down that I was trying to simply have a conversation with her. So, it was a difficult situation, and I think in part it has her very upset, not as much as she says about the basics, but simply because she feels so entitled.

I do not think they realize, you cannot have it both ways. Either we discuss things, and make decisions together, or you accept the decisions you make on your own.

She even complained about having spent the $26,000...Which when they called, 3 days after my brother was found back in early April...asking for me to pay part, I refused, and told them they were being scammed....that I would never agree to that amount. I sent them the link listed below,

I told her if she didn't want to deal with any of this, and she wanted me to, then lets just give the house to the county....She was stunned silent.

I always knew it is all about money for her....And, seriously, since it isn't about that for me...This is breaking my heart....I think eventually we can get this resolved, but honestly, I do not believe that I will be able to feel anything good about her behavior ever....

"http://www.insideedition.com/investigative/6376-crime-scene-clean-up-inside-edition-investigates
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WHY ARE YOU EVEN TALKING TO ANY FAMILY MEMBERS AT ALL? Get an attorney and leave them out of it! They will only confuse you with their own wants and desires.

[JanND]

I needed her attorney contact info. That is why yesterday, unlike the day before, I did answer when she called. I do intend to talk to an attorney in California, I just have not found one yet. I have talked to 2 here, but it does little good, other than some general guidance, (which has been helpful)....because the house and situation revolves around California.

I have to find an affordable situation to be able to talk to a California estate attorney, that is the bottom line. I am taking the advice of the first person that responded, I am only stating the facts, and I am seeking what happens if I do sign...and what protections can I utilize regarding not risking our personal assets.

I was even considering talking to her attorney, and drafted an email to him with my questions.....but I am not sure that would be wise, so I didn't send it, just to myself and my husband......I just do not trust her anymore.

And, I agree.....I do not intend to talk to her again....I want everything in writing from now on. Or, if I can find an attorney that will work with me, Attorney to Attorney.

There in lies my quandary. I am being force to spend money on a situation that I never wanted to be involved in on a house I do not want anything to do with, to protect what little my husband and I have acquired. It is a mess.

I opened this thread, hoping for someone that had some personal experience in a similar matter to offer some guidance based on their own experience. I should have left the personal stuff out, but it has been cathartic, and I do appreciate all those that have taken the time to read my lengthy original post and respond.

[semispherical]

Originally Posted by JanND

In California the mortician can give copies of the death certificate immediately. What I was attempting to do was to contact agencies on my brothers behalf...SSDI, etc. And, yes, some weeks later it is available thru the County.

The mortician, who I had had contact with a couple of times that week, and had to who I had just spoken to request copies was sending me copies. A short time later he called me back to say that part of what he had to do was clear it with my nephew (sister's son) prior to sending. Because I had just sent a waiver giving my nephew and my niece the authority to make decisions for my brother's arrangements

The mortician as a courtesy explained that my nephew had told him not to send me the copies of the death certificate. That when he spoke to my nephew, he had said he'd already ordered a copy for me...But, of course it never came.

Thanks for clarifying JanND; I didn't understand the timeline.

A suggestion: even though you may not wish to claim the house from your mother's estate, hiring an attorney and any travel that you have to do to sort this out isn't going to be cheap. You should make sure at least that the estate is reimbursing you for these expenses before you relinquish your claim on any portion of the estate.

You sound like a good person who is trying to do right by people (your niece and nephew) who are behaving like thugs.

[JanND]

semispherical I appreciate your comments very much.
I am not traveling, I simply cannot afford to. I am doing my best to disclaim my interest, I have not yet found a comprehensive answer regarding what happens if I sign this or another type disclaimer.

I believe then my niece is then going to proceed following the probate codes. And, this is not a sizable amount, so according to Calif. codes she could possibly do this without probate. I cannot depend on her doing things correctly, or to listen to reason about financial decisions, not be truthful...she had told me daughter in April, that the house was left to her Mom in a will...Yesterday she admitted there is no will....and that cause me some angst....

My largest and most pressing concerns are any liability for her choices, prior to and following my disclaimer. And any future liabilty from agencies such as medicaid pr food stamps etc. because my brother had used those resources up until he got his SSDI.

I did find what looked to be a reputable agency in my research this am, who offers a free initial consultation. I submitted a brief synopsis of the situation, along with my questions. I hope to hear back via email.

If I have to spend a few hundred dollars to get the proper affidavits drawn up, I will gladly do that.

The good thing is that since I have spent the last few days researching avidly, I have come to reassure myself that denying my inheritance should not cost me anything regarding inheritance, federal, state taxes, in my state or in Calif.

I just do not want to be financially responsible for the decisions she has or may make.

My husband is very analytical, thank goodness.

Back in April, when my nieces husband called trying to get us to pay for that 26,000 clean up...My husband said, they see others in the same light as themselves, because they are only interested in monetary gain, they believe every one else has the same agenda.

I believe that too, my niece is most upset because my not signing has her believing that I have the same agenda as she has.....She sees dollar signs....I see a sad situation.

I just want to be done with what is turning into a nightmare. Ill update if I get any response.

[convextech]

Originally Posted by JanND

And, I agree.....I do not intend to talk to her again....I want everything in writing from now on. Or, if I can find an attorney that will work with me, Attorney to Attorney.

There in lies my quandary. I am being force to spend money on a situation that I never wanted to be involved in on a house I do not want anything to do with, to protect what little my husband and I have acquired. It is a mess.

I agree, it is a mess, and certainly a huge PITA to boot. I hope everything turns out to your satisfaction, I really do. I just have the feeling that your niece and nephew are trying to pull the wool over your eyes, but you are obviously too smart a cookie for that.

[tjarado]

Originally Posted by JanND

Thank you DMenscha....I appreciate your advice. My interest is only not to be stuck paying inheritance tax, or any other bills, such as that hazmatt bill for $26,000.
Plus, I also am a bit concerned if I'll have to file anything regarding this house, even if I sign the disclaim and renounce affidavit. If I knew I wouldn't be responsible for any costs, I'd sign it right now. I have absolutely no interest in monetary gain, just do not want to lose money.

Honestly, estate liabilities and tax burdens fall on the ESTATE, not the inheritors.
I have never heard of heirs being responsible for dead peoples debts or encumbrances, at least not in the US. Whatever monies your relatives have spent is their problem - not yours. You don't own anything or owe anything unless you stake a claim at probate, which you have NO INTEREST in doing.

I would do nothing..nothing at all.
Your neice and nephew or whoever is appointed receiver of the estate in the absence of an executor will have to contact YOU to settle the whole matter. Then you might want to see a lawyer.. or not.

[Jkgourmet]

Originally Posted by semispherical

Thanks for clarifying JanND; I didn't understand the timeline.

A suggestion: even though you may not wish to claim the house from your mother's estate, hiring an attorney and any travel that you have to do to sort this out isn't going to be cheap. You should make sure at least that the estate is reimbursing you for these expenses before you relinquish your claim on any portion of the estate.

You sound like a good person who is trying to do right by people (your niece and nephew) who are behaving like thugs.

Let's get real, and I DO speak from personal experience.

Many posters have already advised you not to waste your time and money on lawyers in your local area. YOU NEED A CA PROBATE ATTORNEY, preferably one in the same county as this house. You will not have to travel. You will conduct all business via fax, email and phone conference. You will be paying that cost and no, the estate will not reimburse you.

There is ONE way that the estate could reimburse you for your legal costs. That is if the executor of the estate VOLUNTARILY agrees to do it as a way of saying "thank you" for basically giving up your rights to any of this inheritance. That is something you should discuss with your CA attorney.

I sympathize with you. Deeply. But at this point, I believe YOU are creating more drama and stress than necessary. You needed the name and address of niece's attorney. You didn't need to have any further discussion with her. You could have simply sent her a text and not answered the phone. You certainly SHOULD NOT be sending emails to HER attorney. You expended your energy, time and maybe money on wworthless visits with local attorneys (after MANY posters told you that was worthless).

Okay, you've vented to the local attorneys, your niece, your nephew, in an unsent email to her lawyer, and I'll bet your husband is so sick of this subject he is ready to scream. STOP. Accept that this is probably going to take 2-3 months to be resolved. You will probably pay an attorney a thousand bucks. If you MUST bame someone, it's your suster for not doung the proper legal work when your mom died, and your brother for not having a will.

By the way, I'll bet your niece is almost as overwhelmed as you. I rather doubt they are "thugs".

Regardless, there is ONLY ONE THING you need to do: Get a CA probate attorney working on your goal of giving up any rights to this estate. Then let him/her deal with it.

[cully]

Originally Posted by JanND

ocngypz....Thanks for your suggestions, very good advice.

I asked my niece today, why she needed me to disclaim my brothers estate....she said that the Union, that my brother had a retirement fund with, has refused to release the monies to her brother, who she stated was named beneficiary. Something to the effect of the Union not releasing funds to a non-spouse.

It doesn't make sense to me, usually, when you are the beneficiary, you just present the necessary paperwork, id's death certificate..and it is a non-issue. Since mt brother relied on County help for medical and food stamps....I would not be surprised to see some sort of lien on his property.....house or otherwise.

It just all makes me nervous......That is one of the questions I have typed up for my consultation.....I'm trying to write out factual related questions, so that if I can get a Calif Att consult, I will not be wasting time or money....ust can't afford to get stuck paying anything out of pocket....if it comes from the house, or his retirement that is more than fine with me. I knew nothing of my interest in either til a couple days ago....I didn't even know there was a retirement.

I have no doubt he was named, my brother was very caring of both of them. I just do not believe that I should sign anything regarding my brother's interest in the house or his personal property, until I hear this from someone in authority.

She said there is no probate started, that this comes first....my signing over the interest in both the house and my brothers personal property.

She said after I disclaim, than they will be following probate codes and my other niece will be given the opportunity to disclaim the property.

Con artists are all about obfuscation, blurring the lines, lies, add in any mental illness where they make up fantastic things and change the story as they go and are excited by confusion. Don't say or write, even text these people anything. They can take things out of context. Just wait for your attorney interview.