If real estate/land is left to 3 children with no Will, can a child legally relinquish his/her rights to the real property to one of his/her siblings?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If real estate/land is left to 3 children with no Will, can a child legally relinquish his/her rights to the real property to one of his/her siblings?
Asked on September 4, 2014 under Estate Planning, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
The child can refuse to take his or her inheritance--his or her rights to or share of the land--before it is transferred to him or her. However, he or she cannot do it in favor of just one of the siblings; rather, if the child gives up his or her rights, the other two will then split that child's share (so each gets 1/2, instead of 1/3). If one child wants to transfer his or her intest to sibling A but not B, the child would have to take the land, then gift, sell, etc. it to sibling A--an act with tax consequences.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.