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.
Florida USLegal Pamphlet on Disclaiming an Inheritance
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FAQ
A disclaimer is when the recipient (called the ?donee?) refuses a bequest, for example, the donee refuses an inheritance left in a will or trust, refuses the proceeds from an account labeled as pay-on-death account when the original owner dies, or refuses the surviving interest in jointly owned property when one joint ...
A disclaimer of interest is, essentially, a written statement to the probate court where someone who stands to inherit property or assets states that they do not wish to exercise that inheritance. They ?disclaim? any right to receive the interest that they otherwise would.
Florida law allows a person to disclaim interests in Probate and in some circumstances can help a debtor avoid paying their share of an inheritance to creditors. To be effective, the disclaimer must be in writing, witnessed and recorded in the same manner as a deed and the original must be filed.
Disclaiming inherited assets is often done to avoid taxes but also so that other individuals can receive the assets.
The writing must be signed by the person making the disclaimer; it must be witnessed in the same manner as required for a real estate deed in Florida; and. The original signed disclaimer must be delivered to the personal representative of the estate (or the trustee of the trust).
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.
A disclaimer of interest is, essentially, a written statement to the probate court where someone who stands to inherit property or assets states that they do not wish to exercise that inheritance. They ?disclaim? any right to receive the interest that they otherwise would.
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, ...
