Why Would Someone Remove Themselves From a Will? Probate Consequences Explained

Illinois Probate Law
Probate

When people think of estate planning and probate, they usually assume family members want their fair share of an inheritance. But sometimes, individuals make the surprising choice to remove themselves from a will — either before or after a loved one passes away.

This unusual decision recently made headlines when Brooke Hogan, daughter of wrestling star Hulk Hogan, revealed that she had removed herself from her father’s will. Hulk Hogan’s estate is reportedly in probate, leaving his son Nick as the heir. The move sheds light on an important but often misunderstood area of probate law: the ability to refuse or disclaim an inheritance.

For families in Illinois, where probate can be a lengthy and expensive process, understanding why and how someone might remove themselves from a will is essential.

Why Would Someone Remove Themselves From a Will?

There are many reasons someone might voluntarily refuse an inheritance:

Family Conflict – In high-conflict families or blended families, disputes can become so toxic that stepping aside avoids years of fighting in probate court.
Tax or Financial Planning – Accepting an inheritance might trigger estate or income tax consequences. By disclaiming, assets can pass directly to another heir without adding to the recipient’s taxable estate.
Creditor Issues – If the heir has significant debts, lawsuits, or bankruptcy concerns, disclaiming inheritance can prevent creditors from seizing those assets.
Emotional Reasons – Estranged children or relatives may choose not to be associated with the estate. Brooke Hogan’s case highlights this dynamic.

Probate Consequences of Removing Yourself From a Will

Removing yourself from a will doesn’t erase the asset — it simply redirects it. Here’s what happens during probate:

Disclaimer Must Be Timely – In Illinois, a disclaimer of inheritance must generally be filed in writing within 9 months of the decedent’s death.
Assets Pass as if the Person Died Before the Decedent – The disclaimed inheritance is treated as though the person was never entitled to it. That means the asset passes to the next eligible heir under the will or Illinois intestacy laws.
No Picking and Choosing – Disclaimers are usually “all or nothing.” An heir can’t accept part of an inheritance and disclaim the rest.
Probate Efficiency – Disclaimers may help simplify the probate process by reducing disputes, though in high-conflict families, they may also spark new battles.

Before vs. After Death: Two Key Moments

Before Death: An individual can ask to be removed from a will while the testator (the person making the will) is still alive. This is unusual and often symbolic — it requires the testator to formally update their estate plan.
After Death: Once probate begins, an heir can file a legal disclaimer of inheritance. This is the most common way to remove oneself from a will.

Risks and Pitfalls of Disclaiming an Inheritance

While disclaiming can be beneficial, it’s not always simple:

Assets may pass to relatives you did not intend (such as estranged siblings or stepfamily).
Family members may still contest the estate during probate.
If done incorrectly, a disclaimer may not be valid, and you could be treated as having accepted the inheritance.

That’s why it’s critical to consult with an experienced Illinois probate lawyer before making this decision.

FAQs About Removing Yourself From a Will and Probate

Q: Can I remove myself from a will before the person dies?
A: Not directly. Only the testator can change their will. You can request removal, but it requires them to update their estate plan.

Q: What happens if I disclaim an inheritance during probate?
A: The inheritance passes to the next eligible heir under the will or Illinois intestacy laws.

Q: Can disclaiming an inheritance help avoid probate altogether?
A: Not exactly. The estate must still go through probate, but your disclaimer may simplify distribution.

Q: Why would someone voluntarily refuse money or property?
A: Common reasons include family estrangement, tax strategy, creditor issues, or a desire to reduce conflict.

Q: Does disclaiming inheritance protect me from estate debts?
A: Yes. If you disclaim, you are not responsible for any debts attached to that inheritance.

Learn More About Illinois Probate

Take Control of Probate Before Conflict Takes Over

Family estrangement, blended families, and high-conflict relationships make probate disputes more likely — and more costly. Whether you’re considering removing yourself from a will or worried about inheritance disputes in your own family, the decisions you make now will impact your loved ones for years to come.

Don’t leave it to chance. Contact the Estate & Probate Legal Group in Oak Brook, Illinois, to schedule a confidential consultation. Our experienced Illinois probate attorneys can guide you through disclaimers, estate planning, and probate litigation to protect your rights and your family’s future.

Call us at (630) 864-5835
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