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mariaivory

Wills - 3 heirs

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A grandmother died "willing" her house in Nassau, New York to three relatives: 2 elderly daughters and 1 middle-aged grandson. The grandson wishes to "opt out" of the "will" and not be given

anything.

(1) Can the grandson "give away" his "one-third" inheritance to the 2 other inheritors "BEFORE" the estate is probated?

(2) Does the "house/estate" have to be probated if there is a will?

(3) Can the grandson write up an "opt-out (give-away)" paper "giving his one-third equally" to the 2 remaining inheritors; and have it notarized; and would that be sufficient to satisfy the law?

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"The grandson wishes to "opt out" of the "will" and not be given anything."

He's free to renounce his inheritance.

"Can the grandson "give away" his "one-third" inheritance to the 2 other inheritors "BEFORE" the estate is probated?"

If he renounces his inheritance, that should be the default; he'd have to accept his inheritance to be in a position to "give [it] away".

"Does the "house/estate" have to be probated if there is a will?"

Better question -- why wouldn't it?

Whomever is in charge of addressing the estate (hopefully grandmother nominated someone in the will), that person should seek local estate-probate counsel. If grandmother didn't nominate someone, anyone can apply.

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