Pennsylvania USLegal Pamphlet on Disclaiming an Inheritance

State:
Multi-State
Control #:
US-PMPH-10
Format:
Word; 
Rich Text
Instant download

Description

This pamphlet provides an overview of disclaimers by those who inherit assets they choose not to accept. Topics included cover why a disclaimer may be made and the general rules for making a disclaimer. A link to state-specific information is provided.

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FAQ

The disclaimer must be in writing: A signed letter by the person doing the disclaiming, identifying the decedent, describing the asset to be disclaimed, and the extent and amount, percentage or dollar amount, to be disclaimed, must be delivered to the person in control of the estate or asset, such as an executor, ...

A beneficiary can disclaim all or a portion of anything they are earmarked to receive.

This should be confirmed in writing and signed by the beneficiary who wishes to disclaim the gift. After the gift has been formally disclaimed, the beneficiary loses all right to the asset in question with immediate effect and in the future.

Disclaiming and Varying Your Inheritance If a beneficiary does not wish to receive all or part of their Inheritance from an estate, they could choose to 'vary' all or part of their interest to other individuals. This allows the 'original' beneficiary to choose where their unwanted inheritance is to pass.

--If the interest would have devolved to the disclaimant by will or by intestacy, the disclaimer shall be filed with the clerk of the orphans' court division of the county where the decedent died domiciled or, if the decedent was not domiciled in this Commonwealth, of the county where the property involved is located, ...

The following are the requirements that must be met for a disclaimer to be qualified: The beneficiary must not have accepted any of the inherited assets prior to the disclaimer. The beneficiary must provide an irrevocable and unqualified (unconditional) refusal to accept the assets. The refusal must be in writing.

The disclaimer must be executed by an instrument in writing (although a deed is not strictly necessary; a simple letter suffices); The disclaimer must be executed within two years of the testator's death; and.

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Pennsylvania USLegal Pamphlet on Disclaiming an Inheritance