Does Louisiana law allow renunciation or disclaimer if the person making the Will is alive?
Full Question:
Myself and my brother are to receive the interest to a house and a parcel of land respectively that is owned by our grandmother. We are planning to relocate to Michigan and want to renounce our interest in these properties. Our grandmother is still living. How can we renounce our interest to these properties?
06/05/2017 |
Category: Wills and Es... ยป Disclaimer o... |
State: Louisiana |
#38652
Answer:
Here is the relevant law for more details:
Louisiana Civil Code art. 947
Right of successor to accept or renounce
A successor is not obligated to accept rights to succeed. He may accept some of those rights and renounce others.
Louisiana Civil Code art. 948
Minor successor deemed to accept
A successor who is a minor is deemed to accept rights to succeed, but his legal representative may renounce on behalf of the minor when expressly authorized by the court.
Louisiana Civil Code art. 949
Death of decedent as prerequisite to acceptance or renunciation
A person may not accept or renounce rights to succeed before the death of the decedent.
Louisiana Civil Code art. 950
Knowledge required of successor as prerequisite to acceptance or renunciation
An acceptance or renunciation is valid only if the successor knows of the death of the person to be succeeded and knows that he has rights as a successor. It is not necessary that he know the extent of those rights or the nature of his relationship to the decedent.
Louisiana Civil Code art. 951
Nullity of premature acceptance or renunciation
A premature acceptance or renunciation is absolutely null.
Louisiana Civil Code art. 952
Probate or annulment of testament after acceptance or renunciation of succession
An acceptance or renunciation of rights to succeed by intestacy is null if a testament is subsequently probated or given the effect of probate. An acceptance or renunciation of rights to succeed in a testate succession is null if the probate of the testament is subsequently annulled or the rights are altered, amended, or revoked by a subsequent testament or codicil.
Louisiana Civil Code art. 953
Legacy subject to a suspensive condition
A legacy that is subject to a suspensive condition may be accepted or renounced either before or after the fulfillment of the condition.
Louisiana Civil Code art. 954
Retroactive effects of acceptance and renunciation
To the extent that he accepts rights to succeed, a successor is considered as having succeeded to those rights at the moment of death of the decedent. To the extent that a successor renounces rights to succeed, he is considered never to have had them.
Louisiana Civil Code art. 956
Claims of successor who is a creditor of the estate
A successor may assert a claim that he has as a creditor of the estate whether he accepts or renounces his succession rights.
Louisiana Civil Code art. 963
Requirement of formality
Renunciation must be express and in writing.
Louisiana Civil Code art. 964
Accretion upon renunciation in intestate successions
The rights of an intestate successor who renounces accrete to those persons who would have succeeded to them if the successor had predeceased the decedent.
Louisiana Civil Code art. 965
Accretion upon renunciation in testate successions
In the absence of a governing testamentary disposition, the rights of a testate successor who renounces accrete to those persons who would have succeeded to them if the legatee had predeceased the decedent.
Louisiana Civil Code art. 966
Acceptance or renunciation of accretion
A person to whom succession rights accrete may accept or renounce all or part of the accretion. The acceptance or renunciation of the accretion need not be consistent with his acceptance or renunciation of other succession rights.
