[CA] [CA] Can siblings use disclaimers of inheritance to swap estate assets?
My sister and I would like me to inherit my parents’ house, and she will inherit any liquid assets they have. My parents do not want to change their will. If my sister files a disclaimer of interest for the house and I file one for the liquid assets, will the house pass solely to me and the liquid assets solely to my sister?
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No, that is not how it would work. If you and your sister signed these disclaimers, the disclaimed property is treated as if the disclaimant had predeceased the person who created the interest (California Probate Code § 275, California Probate Code § 282). The property would then pass to the next person in line according to the will or state intestacy laws. You and she would lose your interests, and it would pass to other named beneficiaries.
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My sister and I would like me to inherit my parents’ house, and she will inherit any liquid assets they have. My parents do not want to change their will. If my sister files a disclaimer of interest for the house and I file one for the liquid assets, will the house pass solely to me and the liquid assets solely to my sister?
Lexi, Chatbot
Have your parents expressed their wishes regarding the distribution of their assets in a legal document, such as a will?
Yes.
Lexi, Chatbot
Are you and your sister both willing to file disclaimers of interest for the specific assets as you mentioned?
Yes.
Lexi, Chatbot
Is there anything else the estate lawyer should know before I connect you?
Yes.
Benjamin
Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you. So you are asking if you renounce your inheritance, will you then be able to take it in accordance with your wishes, not your parents’, is that correct?
Yes, that is correct.
Benjamin
No, that is not how it would work. If you and your sister signed these disclaimers, the disclaimed property is treated as if the disclaimant had predeceased the person who created the interest (California Probate Code § 275, California Probate Code § 282). The property would then pass to the next person in line according to the will or state intestacy laws. You and she would lose your interests, and it would pass to other named beneficiaries.
So if she disclaimed interest in the house, it would not pass to me?
Benjamin
Generally, it would pass to her heirs, as her interest in the estate would die with her. Unless the will specifically says otherwise, her share would pass to her descendants.
This is the disclaimer language we have under California Probate Code 275–288. Even if my sister disclaimed interest in the house, it would still pass to her husband and minor son?
Benjamin
Your disclaimer is your assertion of who you believe should take the property, but you cannot name a new beneficiary. The court will apply probate law, and likely your sister’s child would inherit her share under California law.
I see. Is there a document we can file that would allow me to take sole possession of the house and she the liquid assets?
Benjamin
No. It’s your parents’ will that controls distribution. Once they pass and probate is complete, you and your sister can adjust ownership yourselves through a quitclaim deed or gifts.
I see. Thank you very much for your time.
Benjamin
Did that solve your issue?
Yes, thank you.
Benjamin
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