Is there a disclaimer I can sign stating I do not want to inherit any of my mom's estate?

Full Question:

My mother died 5 years ago without a will; therefore, her home (paid for)is equally owned by myself and 9 siblings. I was appointed Independent Administrator of the estate (the house) by the court. I now wish to give up all claims to the home and property it sits on. What do I have to do to give my interest to the others and also cease my administratorship?
06/07/2009   |   Category: Wills and Es... ยป Disclaimer o...   |   State: Texas   |   #16886

Answer:

Please see the following TX statutes to determine applicability:

§ 37A PROB. CODE. Means of Evidencing Disclaimer or Renunciation
of Property or Interest Receivable From a Decedent

(a) Persons Who May Disclaim. Any person, or the guardian of an
incapacitated person, the personal representative of a deceased person,
or the guardian ad litem of an unborn or unascertained person, with prior
court approval of the court having, or which would have, jurisdiction
over such guardian, personal representative, or guardian ad litem, or any
independent executor of a deceased person, without prior court approval,
or an attorney in fact or agent appointed under a durable power of
attorney authorizing disclaimers that is executed by a principal, who may
be entitled to receive any property as a beneficiary and who intends to
effect disclaimer irrevocably on or after September 1, 1977, of the whole
or any part of such property shall evidence same as herein provided.

(b) Effective Date of Disclaimer. A disclaimer evidenced as provided by
this section shall be effective as of the death of decedent and shall
relate back for all purposes to the death of the decedent and is not
subject to the claims of any creditor of the disclaimant.

(c) Effect of Disclaimer. Unless the decedent's will provides
otherwise, the property subject to the disclaimer shall pass as if the
person Disclaiming or on whose behalf a disclaimer is made had predeceased
the decedent and a future interest that would otherwise take effect in
possession or enjoyment after the termination of the estate or interest
that is disclaimed takes effect as if the disclaiming beneficiary had
predeceased the decedent

(d) Ineffective Disclaimer. Failure to comply with the provisions
of this section shall render such disclaimer ineffective except as an
assignment of such property to those who would have received same had
the person attempting the disclaimer died prior to the decedent.

(e) Definitions. The term "property" as used in this section shall
include all legal and equitable interests, powers, and property, whether
present or future, whether vested or contingent, and whether beneficial or
burdensome, in whole or in part. The term "disclaimer" as used in this
section shall include "renunciation." In this section "beneficiary"
includes a person who would have been entitled, if the person had not
made a disclaimer, to receive property as a result of the death of
another person by inheritance, under a will, by an agreement between
spouses for community property with a right of survivorship, by a joint
tenancy with a right of survivorship, or by any other survivorship
agreement, account, or interest in which the interest of the decedent
passes to a surviving beneficiary, by an insurance, annuity, endowment,
employment, deferred compensation, or other contract or arrangement, or
under a pension, profit sharing, thrift, stock bonus, life insurance,
survivor income, incentive, or other plan or program providing
retirement, welfare, or fringe benefits with respect to an employee or a
self-employed individual.

(f) Subsequent Disclaimers. Nothing in this section shall be construed
to preclude a subsequent disclaimer by any person who shall be entitled
to property as a result of a disclaimer.

(g) Form of Disclaimer. In the case of property receivable by a
beneficiary, the disclaimer shall be evidenced by a written memorandum,
acknowledged before a notary public or other person authorized to take
acknowledgements of conveyances of real estate.

(h) Filing of Disclaimer. Unless the beneficiary is a charitable
organization or governmental agency of the state, a written memorandum of
disclaimer disclaiming a present interest shall be filed not later than
nine months after the death of the decedent and a written memorandum of
disclaimer disclaiming a future interest may be filed not later than nine
months after the event determining that the taker of the property or
interest is finally ascertained and his interest is indefeasibly vested.
If the beneficiary is a charitable organization or a governmental agency
of the state, a written memorandum of disclaimer disclaiming a present or
future interest shall be filed not later than the first anniversary of
the date the beneficiary receives the notice required by Section 128A of
this code, or the expiration of the six-month period following the date
the personal representative files the inventory, appraisement, and list
of claims due or owing to the estate, whichever occurs later. The written
memorandum of disclaimer shall be filed in the probate court in which the
decedent's will has been probated or in which proceedings have been
commenced for the administration of the decedent's estate or which has
before it an application for either of the same; provided, however, if
the administration of the decedent's estate is closed, or after the
expiration of one year following the date of the issuance of letters
testamentary in an independent administration, or if there has been no
will of the decedent probated or filed for probate, or if no
administration of the decedent's estate has been commenced, or if no
application for administration of the decedent's estate has been filed,
the written memorandum of disclaimer shall be filed with the county clerk
of the county of the decedent's residence, or, if the decedent is not a
resident of this state but real property or an interest therein located
in this state is disclaimed, a written memorandum of disclaimer shall be
filed with the county clerk of the county in which such real property or
interest therein is located, and recorded by such county clerk in the
deed records of that county.

(i) Notice of Disclaimer.Unless the beneficiary is a charitable
organization or governmental agency of the state, copies of any written
memorandum of disclaimer shall be delivered in person to, or shall be
mailed by registered or certified mail to and received by, the legal
representative of the transferor of the interest or the holder of legal
title to the property to which the disclaimer relates not later than
nine months after the death of the decedent or, if the interest is a
future interest, not later than nine months after the date the person
who will receive the property or interest is finally ascertained and
the person's interest is indefeasibly vested. If the beneficiary is a
charitable organization or government agency of the state, the notices
required by this section shall be filed not later than the first
anniversary of the date the beneficiary receives the notice required by
Section 128A of this code, or the expiration of the six-month period
following the date the personal representative files the inventory,
appraisement, and list of claims due or owing to the estate, whichever
occurs later.

(j) Power to Provide for Disclaimer. Nothing herein shall prevent
a person from providing in a will, insurance policy, employee benefit
agreement, or other instrument for the making of disclaimers by a
beneficiary of an interest receivable under that instrument and for the
disposition of disclaimed property in a manner different from the
provisions hereof.

(k) Irrevocability of Disclaimer. Any disclaimer filed and served
under this section shall be irrevocable.

(l) Partial Disclaimer. Any person who may be entitled to receive any
property as a beneficiary may disclaim such property in whole or in part,
including but not limited to specific powers of invasion, powers of
appointment, and fee estate in favor of life estates; and a partial
disclaimer or renunciation, in accordance with the provisions of this
section, shall be effective whether the property so renounced or
disclaimed constitutes a portion of a single, aggregate gift or
constitutes part or all of a separate, independent gift; provided,
however, that a partial disclaimer shall be effective only with respect
to property expressly described or referred to by category in such
disclaimer; and provided further, that a partial disclaimer of property
which is subject to a burdensome interest created by the decedent's will
shall not be effective unless such property constitutes a gift which is
separate and distinct from undisclaimed gifts.

(m) Partial Disclaimer by Spouse. Without limiting Subsection (l) of
this section, a disclaimer by the decedent's surviving spouse of a
transfer by the decedent is not a disclaimer. by the surviving spouse of
all or any part of any other transfer from the decedent to or for the
benefit of the surviving spouse, regardless of whether the property or
interest that would have passed under the disclaimed transfer passes
because of the disclaimer to or for the benefit of the surviving spouse
by the other transfer.

(n) Disclaimer After Acceptance.No disclaimer shall be effective
after the acceptance of the property by the beneficiary. For the
purpose of this subsection, acceptance shall occur only if the person
making such disclaimer has previously taken possession or exercised
dominion and control of such property in the capacity of beneficiary.

(o) Interest in Trust Property. A beneficiary who accepts an interest
in a trust is not considered to have a direct or indirect interest in
trust property that relates to a licensed or permitted business and over
which the beneficiary exercises no control. Direct or indirect beneficial
ownership of not more than five percent of any class of equity securities
that is registered under the Securities Exchange Act of 1934 shall not be
deemed to be an ownership interest in the business of the issuer of such
securities within the meaning of any statute, pursuant thereto.

§ 221 PROB. CODE. Resignation

(a) Application to Resign. A personal representative who wishes to
resign his trust shall file with the clerk his written application to the
court to that effect, accompanied by a full and complete exhibit and
final account, duly verified, showing the true condition of the estate
entrusted to his care.

(b) Successor Representatives. If the necessity exists, the court may
immediately accept a resignation and appoint a successor, but shall not
discharge the person resigning, or release him or the sureties on his
bond until final order or judgment shall have been rendered on his final
account.

(c) Citation. Upon the filing of an application to resign, supported by
exhibit and final account, the clerk shall call the application to the
attention of the judge, who shall set a date for a hearing upon the
matter. The clerk shall then issue a citation to all interested persons,
showing that proper application has been filed, and the time and place
set for hearing, at which time said persons may appear and contest the
exhibit and account. The citation shall be posted, unless the court
directs that it be published.

(d) Hearing. At the time set for hearing, unless it has been continued
by the court, if the court finds that citation has been duly issued and
served, he shall proceed to examine such exhibit and account, and hear
all evidence for and against the same, and shall, if necessary, restate,
and audit and settle the same. If the court is satisfied that the matters
entrusted to the applicant have been handled and accounted for in
accordance with law, he shall enter an order of approval, and require
that the estate remaining in the possession of the applicant, if any, be
delivered to the person or persons entitled by law to receive it.

(e) Requisites of Discharge. No resigning personal representative shall
be discharged until the application has been heard, the exhibit and
account examined, settled, and approved, and until he has satisfied the
court that he has delivered the estate, if there be any remaining in his
possession, or has complied with all lawful orders of the court with
relation to his trust.

(f) Final Discharge. When the resigning applicant has complied in all
respects with the orders of the court, an order shall be made accepting
the resignation, discharging the applicant, and, if he is under bond, his
sureties.

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