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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.
Disclaim, in a legal sense, refers to the renunciation of an interest in, or an acceptance of, inherited assets, such as property, by way of a legal instrument. A person disclaiming an interest, right, or obligation is known as a disclaimant.
Disclaimer may be revoked if procured by undue influence The disclaimed property passed to the disclaimant's nephew who was the contingent beneficiary of the will and the executor. The disclaimant then filed a document with the court purporting to revoke the disclaimer. The nephew objected and won summary judgment.
A disclaimer trust is a clause typically included in a person's will that establishes a trust upon their death, subject to certain specifications. This allows certain assets to be moved into the trust by the surviving spouse without being subject to taxation.
A disclaimer is essentially a refusal of a gift or bequest.Disclaimers typically arise in the context of postmortem estate planning where a beneficiary may desire to make a qualified disclaimer under Sec. 2518 to achieve certain tax results such as qualifying for a marital deduction.
A qualified disclaimer is a part of the U.S. tax code that allows estate assets to pass to a beneficiary without being subject to income tax. Legally, the disclaimer portrays the transfer of assets as if the intended beneficiary never actually received them.
A "Disclaimer Will", sometimes referred to as a "Disclaimer Trust", is a flexible estate planning tool that can be implemented to benefit married couples whose combined estates are approaching or exceed the lifetime exemption amount for federal estate tax, resulting in substantial tax savings to the estate of the
Disclaimer of interest, in the law of inheritance, wills and trusts, is a term that describes an attempt by a person to renounce their legal right to benefit from an inheritance (either under a will or through intestacy) or through a trust. A disclaimer of interest is irrevocable.