Can I turn down an inheritance in Ch. 13?

[tobee43]

i'm not really sure about that, if one doesn't have the money yet, LOL!! it's like asking the fox to watch the hen house.

i don't know much about chapter 13's but it seems to me that would be like one is bolted by lock and chains to make such a personal decision. of course any trustee would want any money they can get their hands on, they get a percentage of it, so of course if left up to them to make such a personal decision they would make it for the OP, grab it as fast as they could. but you make a valid point there ms. cat.

if you feel so compelled to want to speak with an atty, i would speak with an estate atty first, maybe even the firm who is handling the will, as opposed to the atty that is handling the 13, as they may not be as objective. just IMHO.

[AngelinaCat]

Since you are in an active 13, you may need the trustee's permission to disclaim the inheritance. This is something you will need to discuss with your attorney.

I am so sorry for your loss.

[tobee43]

i am very sorry about the loss of your brother.

federal law, does in fact, allow any beneficiary to "disclaim" a gift or inheritance. the beneficiary simply signs a written/printed disclaimer, stating that he or she disclaims the identified inheritance. the disclaimer must be made within nine months of the death of the person who had the property, in this case your brother. whatever your share was/is would most likely be distributed equally between the other/remaining beneficiaries.

[brandv1]

My brother passed away in April. He didn't leave much behind. But, after all is said and done, there should be be about $2500 coming to me. I'm wondering if I can opt to not take any portion and let my other brother and sister take it all rather than the trustee taking it all?