I need to know how long from the time a will is probated in Texas can you file a disclaimer?

Question

if you dont want the money when do you have to disclaim the money if say you wanted your kids to get it if you cant is it at the time of probate or can you do it afterwards once again this is in Texas I have searched and searched the web and cant find this answer. Thank you all so much!!! ;o)

Answer 1

When you don't know an answer to a Texas state law question, your first point of research should always be the Texas statutes -- in this case, the Texas Probate Code.

From Section 37A(h) of the Texas Probate Code: "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."

http://tlo2.tlc.state.tx.us/statutes/doc...