Filing a disclaimer with probate court not to accept being a beneficiary of a will legal and able to be done without complications.

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Filing a disclaimer with Probate Court not to accept being a beneficiary of a will legal and able to be done without complications. Son was changing his will leaving his mother out now due to being in and ut of nursing homes and passing it on to second in line, He died before signing the new will, Was informed that a person can file a disclaimer with Probate Court within 9 months of their death. NO money has passed and have not gone to Probate yet. Does filing a disclaimer as to not to receive any financial benefits from will legal win Connecticut and without white tape or is it at the discretion of the Judge


Are you writing that your wife wants to disclaim any inheritance from your deceased son?

You're asking some very specific information about Connecticut probate which I think would be best posed to the court itself (start with the clerk or the judge's clerk specifically) or a Connecticut probate attorney. Unless someone here is familiar with Connecticut probate, or contacts the court, you would really be relying on second hand or perhaps "best advice" rather than getting the information straight from the court itself.
Please listen to agA. You need a lawyer that has Medicaid expertise as well if that is the reason for the disclaiming especially if the inheritance is disclaimed in favor of family member and might be seen as a preferential transfer to avoid Medicaid recovery.
PLEASE go to an attorney and find the correct answer for your specific state. Probate laws and Medicaid rules vary widely from state to state. The size of the estate is also important. I think you already know that an unsigned Will is not going to be followed.
You need a CT probate atty to clearly answer this for you.

My understanding is that if they are on Medicaid, is that although they can do a disclaimer, the amount inherited or the asset inherited will still be counted by Medicaid. So yeah you can do the disclaimer, but it will be of no benefit to do….

If you are on good terms with the executor, you might want to ask IF they could just not close probate till after your mom dies. Like TX allows for 4 years for probate to run, so in theory, it could just wait to 3 years and 11 months if it doesn;t pose an issue for executor and other heirs. If mom was to die soon, then you get her probate done and she dies without ever getting the inheritance as that estate is still in court.

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