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.
Indiana USLegal Pamphlet on Disclaiming an Inheritance
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FAQ
Qualified Disclaimers Under Federal Tax Law Federal tax regulations defines a ?qualified disclaimer? and requires that a qualified disclaimer must generally be made within nine months of the death of the testator or within nine months after the occurrence of the transfer creating the property interest being disclaimed.
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.
If a disclaimer is not "qualified", it is treated as a taxable gift from the disclaimant to the person taking the property. A qualified disclaimer must be valid under state law and must meet all the requirements of Internal Revenue Code Section 2518.
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, ...
IRS requirements for refusing an inheritance The IRS time frame is within nine months of the death of the decedent?or if the disclaiming beneficiary is a minor, after they reach age 21. If you have already accepted the inheritance or any of its benefits, the IRS would likely find the disclaimer invalid.
This disclaimer should be signed, notarized, and filed with the probate court and/or the executor of the last will and testament in a timely manner. The IRS time frame is within nine months of the death of the decedent?or if the disclaiming beneficiary is a minor, after they reach age 21.
DISCLAIMER OF INHERITANCE RIGHTS I have been fully advised of my rights to certain property of the Estate of __________________ and waive and disclaim my right to same voluntarily and without duress or undue influence. This disclaimer applies to all real and personal property I would have received.
It is an action taken by the beneficiary of an estate or trust to formally give up their right to receive or take a beneficial interest in an asset (or assets) to which they would otherwise be entitled from an estate or trust. A beneficiary can disclaim all or a portion of anything they are earmarked to receive.
If a person to whom any interest in property passes by reason of the exercise, release, or lapse of a general power desires to make a qualified disclaimer, the disclaimer must be made within a 9-month period after the exercise, release, or lapse regardless of whether the exercise, release, or lapse is subject to estate ...
A disclaimer is a refusal to accept an interest in or a power over property. In its most common usage a disclaimer involves an estate or trust beneficiary refusing to accept all or a portion of the inheritance or trust benefits to which they would have been entitled.
