Can someone decline an inheritance?

When you receive a gift from someone's estate, you can refuse to accept the gift for any reason. This is called "disclaiming" the gift, and the refusal is called a disclaimer. When you disclaim a gift, you do not get to decide who gets it. Instead, it passes on to the next beneficiary, as if you did not exist.

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USLegal Pamphlet on Disclaiming an Inheritance

Contra Costa California USLegal Pamphlet on Disclaiming an Inheritance

Name: Contra Costa California USLegal Pamphlet on Disclaiming an Inheritance
Brand: US Legal Forms
Rating: 4.79 (413 reviews)

Category:

Probate - Disclaimers

State:

Multi-State

County:

Contra Costa

Control #:

US-PMPH-10

Format:

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

When you receive a gift from someone's estate, you can refuse to accept the gift for any reason. This is called "disclaiming" the gift, and the refusal is called a disclaimer. When you disclaim a gift, you do not get to decide who gets it. Instead, it passes on to the next beneficiary, as if you did not exist.

Key Takeaways. Common reasons for disclaiming an inheritance include not wishing to pay taxes on the assets or ensuring that the inheritance goes to another beneficiaryfor example, a grandchild. Specific IRS requirements must be followed in order for a disclaimer to be qualified under federal law.

How to Make a Disclaimer Put the disclaimer in writing. Deliver the disclaimer to the person in control of the estateusually the executor or trustee. Complete the disclaimer within nine months of the death of the person leaving the property.Do not accept any benefit from the property you're disclaiming.

There's no rule that says you have to disclaim all of the assets you're entitled to receive as an inheritor. So if a family member names you the beneficiary of their IRA, for example, and also wills their home to you, you could choose to keep the money from the IRA and let someone else have the house.

A disclaimer may be made by the beneficiary or, if the beneficiary has a conservator, by the conservator by obtaining an order in the conservatorship under the substituted judgment rules. Similarly a disclaimer on behalf of a minor or deceased person would be with Court order.

You make your disclaimer in writing. Your inheritance disclaimer specifically says that you refuse to accept the assets in question and that this refusal is irrevocable, meaning it can't be changed. You disclaim the assets within nine months of the death of the person you inherited them from.

Disclaim the asset within nine months of the death of the assets' original owner (one exception: if a minor beneficiary wishes to disclaim, the disclaimer cannot take place until after the minor reaches the age of majority, at which time they will have nine months to disclaim the assets).

If you inherit an interest in the residue of an estate, you cannot partly disclaim. The residue is the part of a deceased's estate that remains after the payment of all debts, administrative expenses and bequests. If a life interest or other limited interest is disclaimed, the remainder interest is accelerated.

More info

Woodland Hills, Los Angeles County, California 91367. Prepared for: Cantor Commercial Real Estate.

Contra Costa California USLegal Pamphlet on Disclaiming an Inheritance

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