Q: Once said parents are deceased, can a child decide not to be included in the will? (Baden, PA)
A: Parents are free to include whoever they wish in their will. Once a will is probated, an heir named in the will, can choose to file a document called a “Disclaimer” in the court where the will was filed. A Disclaimer will in effect, take the heir out of the estate. This should be done with advice of counsel as PA’s disclaimer rule requires that the disclaimed inheritance pass to the next of kin in accordance with the intestate succession statute of the PA Probate and Fiduciaries Code.