Is a succession necessary?

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  • #3792

    BrianT
    Participant

    Hey I have a friend who has been denied benefits because he inherited a fraction of an estate valued over $90,000. His relative actually died intestate over 10 years ago but the succession has never been probated. This person would like to donate his portion to another relative but needs to know whether it is required for him to first probate the estate or if there is a simpler way. Thanks

    • This topic was modified 2 weeks, 4 days ago by  BrianT.
  • #3800

    Lex
    Keymaster

    He needs to see a lawyer to analyze where his portion would go if he refuses to accept his inheritance. Assuming he is OK with the other heirs getting his share, that would be the simplest thing.

    However, it is always possible that whatever agency denied his benefits could then claim that the amount he “gave away” (in their view) should still be counted against him.

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