Old man handing over house to his younger descendant

Can I Transfer Part of My Inheritance to Someone Else? 

Law Office of Rodney Gould Feb. 5, 2024

Inheritance, in its simplest form, is the transfer of assets, property, or wealth from one individual to another upon the initial owner's passing. A will or trust typically governs this process, outlining how the assets should be distributed among the beneficiaries. However, there may come a time when an individual wishes to transfer part of their inheritance to someone else, either due to personal reasons or financial considerations. 

The Law Office of Rodney Gould acknowledges that dealing with matters of inheritance can be emotionally challenging, particularly when there's a desire to transfer part of it to another individual. It's crucial to handle this process with sensitivity and seek professional legal guidance to ensure all legal requirements are met and the original owner's wishes are upheld. 

Understanding Inheritance

Understanding inheritance involves not just knowing the law, but also recognizing the emotional gravity that often accompanies the distribution of a loved one's estate. In legal terms, inheritance may include real estate, personal property, and financial assets that are bequeathed to heirs through the directives in a will. In cases where there is no will, the estate will be divided in accordance with state intestacy laws, which may not align with the deceased's wishes. It is essential for potential beneficiaries to be aware of these aspects, as they can significantly impact how an inheritance is managed and distributed. 

Transferring Your Inheritance

The process of transferring part of your inheritance to someone else can be intricate and legally complex. It requires careful consideration of the laws in place, potential tax implications, and the specific circumstances surrounding the transfer. Consulting with an experienced attorney, such as Rodney Gould, who is well-versed in estate planning and probate law, can ensure the transfer is done correctly and legally. 

Transferring inheritance involves several steps: 

  • Consult Your Attorney: Begin with professional legal advice to understand your options and the implications of transferring your inheritance. 

  • Review the Will or Trust: Examine the documents to ascertain whether they allow for the transfer of inheritance to another person. 

  • Determine the Beneficiary: Clearly identify who will receive the transferred portion of your inheritance. 

  • Prepare a Deed of Variation: This document is sometimes required to change the beneficiaries after death, and it must be executed within two years. 

  • Consider the Tax Implications: Understand and prepare for any potential tax liabilities that may arise as a result of the transfer. 

  • Get Consent from All Beneficiaries: If you're redistributing the inheritance, it's often necessary to obtain consent from other beneficiaries affected by the transfer. 

  • Complete All Necessary Legal Documents: Ensure all legal forms and transfer documents are accurately completed. 

  • Record the Transfer with the Relevant Institutions: Notify banks, investment firms, or other institutions about the change in ownership if assets are involved. 

Please keep in mind that these steps may vary by jurisdiction and the complexity of the inheritance. Legal guidance is strongly recommended in these matters. 

Potential Complications, Benefits, and Drawbacks

Transferring inheritance can bring about potential complications, especially when multiple beneficiaries are involved or if the transfer contradicts the original owner's wishes.  

Transferring part of your inheritance carries both benefits and drawbacks. On the positive side, it can provide financial support to a loved one in need. However, it may also lead to disputes among beneficiaries or create tax implications. Weighing these factors and consulting with an attorney like Rodney Gould can help make an informed decision. 


  1. Is it possible to transfer part of my inheritance to someone else if it's not specified in the will or trust? 

Yes, it is generally possible to transfer part of your inheritance to someone else, even if it's not specified in the will or trust. However, you might need to obtain the consent of other beneficiaries or seek court approval for such a transfer, depending on the jurisdiction and specific family circumstances. 

  1. What are the tax implications associated with transferring inheritance? 

The tax implications of transferring inheritance can vary widely. They could involve inheritance tax, gift tax, or other forms of taxes depending on the monetary value of the assets transferred and the laws applicable in your state or country. It's essential to consult a tax professional or an estate attorney to understand your specific situation. 

  1. What legal procedures are involved in transferring inheritance? 

The legal procedures can include obtaining consent from other beneficiaries, preparing a deed of variation or a similar legal document, and potentially getting court approval. An attorney can help navigate the complex legal landscape, ensuring that the transfer adheres to all legal requirements and the deceased's intended wishes. 

  1. Can transferring inheritance lead to disputes among beneficiaries? 

Yes, transferring inheritance can lead to disputes if other beneficiaries feel their share is diminished or if the transfer goes against the perceived intentions of the deceased. Clear communication and legal mediation might be necessary to resolve potential conflicts. 

  1. How can an attorney assist me with the transfer of inheritance? 

An attorney, especially one with expertise in estate planning and inheritance law, can provide crucial assistance by interpreting the will or trust, guiding you through the legal procedures required for transfer, addressing tax concerns, and helping to prevent or resolve disputes among beneficiaries. They can ensure that your actions are legally sound and in the best interest of all parties involved. 

Secure Your Inheritance Transfer With the Right Legal Guidance

Transferring part of your inheritance to someone else is a complex legal process that requires careful consideration and professional guidance. Rodney Gould, with his experience in estate planning and probate law, can assist anyone navigating the transfer of their inheritance.  

Rodney Gould's law office doesn't just confine its services within Los Angeles. It extends its reach to the beautiful neighborhoods of Sherman Oaks, Studio City, West Hollywood, and Beverly Hills. No matter where clients are located within these areas, they can count on Rodney Gould's law office for guidance and support through their legal matters.