Home -> Law Blog Directory -> Taxation & Estate Planning Blogs -> Death and Taxes Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Taxation & Estate Planning
: Death and Taxes BlogRenunciation of a Will, Part 2: Procedures
By Joel A. Schoenmeyer
Yesterday I blogged about the basics of renunciation of a Will. A few procedural points:
1. Renunciation isn't automatic -- you have to petition the court for it, typically within 7 months after the spouse's Will was admitted to probate. The Probate Act says that "In order to renounce a will, the testator's surviving spouse must file in the court in which the will was admitted to probate a written instrument signed by the surviving spouse and declaring the renunciation."
2. By renouncing the Will, the surviving spouse loses any benefit given under the Will. So, for instance, if the Will gives the surviving spouse the decedent's car (only), and the surviving spouse renounces the Will, she will get 1/3 or 1/2 of the probate estate but not necessarily the car.
3. What happens to the interests of the Will beneficiaries in the case of renunciation? The Probate Act addresses that:
If a surviving spouse of the testator renounces the will and the legacies to other persons are thereby diminished or increased in value, the court, upon settlement of the estate, shall abate from or add to the legacies in such a manner as to apportion the loss or advantage among the legatees in proportion to the amount and value of their legacies.
Full post as published by Death and Taxes Blog on December 03, 2008 (boomark / email).
Apeks Scuba Diving Regulator
Recalled Due To Missing Part
Ellsworth School District
4.4% increase in salaries as part of contract settlement.
Tyson Foods
Donates Chickens as Part of Class Action Settlement
Asbestos Cleanup
Penn. Electric Co. pays part of $77,498 settlement in environmental lawsuit.
Energy Price Gouging
Inergy Propane announces refunds to customers as part of lawsuit settlement.
Rutland School District
Double pay offered as part of class action wage dispute settlement, pending court approval.

New Procedures For Lawyer Assistance
California's Collection Procedures Manual
Guidelines on Developing Human Rights Policies and Procedures
Negotiation of Arbitration Procedures As An Alternative To Statutory Procedures In The Public Sector
NYT: Spotlight Recasts Church Leaders and Their Support
How Our Atlanta Workers Comp and Serious Injury Lawyers Use CPT Codes







