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Beneficiary of an estate electing to have their child receive benefits instead of themselves

Currently my mom is the primary beneficiary of an estate that is being settled through probate. If she chooses, can she forfeit any benefits and request they be paid to her children instead? She does not want the money.

Disclaimer by Beneficiary of Estate

The answer is: maybe.
 
Your mom should talk with the attorney who is handling the administration of the estate (or her own attorney) about a "disclaimer". A disclaimer allows your mother to give up her interest in the estate - but there are some prerequisites (such as it must be done within nine (9) months of the date of death), and it is very important that she understand the consequences of the disclaimer. By that I mean that your mother has to not only understand how the disclaimer works and what she is giving up BUT she really needs to understand what happens to the estate property if she disclaims.
 
The effect of a disclaimer is that your mother is considered to have predeceased the decedent. If the controlling document (the Will or trust) indicates that the assets will pass to a charity if your mother predeceases, then the disclaimer will not have the desired effect. So there is a very effective tool available to you in the form of a disclaimer, your mother just needs to proceed very carefully to make sure that the disclaimer makes sense for her, and produces the desired effect. Good luck.
 
Attorney Peter Bernardin
 

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