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When you disclaim an inheritance, you will not receive the inheritance and it will instead pass onto the next Beneficiary. It is important to note that when you disclaim an inheritance, you do not get to choose who the Beneficiary will be in your place.
One way for an asset to avoid gift tax liability is if it is a qualified disclaimed gift. The government does not consider a gift or inheritance to be a gift, and it subject to the gift tax if the original recipient refused or disclaimed it.
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.
Disclaim the inheritance in writing. You must file a written disclaimer with the probate court and give a copy to the estate executor before the estate is settled.
If you received a gift or inheritance, do not include it in your income. However, if the gift or inheritance later produces income, you will need to pay tax on that income. Example: You inherit and deposit cash that earns interest income.
In addition, a disclaimer provides a way for you to provide a gift to the next beneficiary in line without having to worry about the gift tax. If you decide to disclaim an inheritance, for tax purposes, it is considered to have never belonged to you. Obviously, you cannot make a gift of something that was never yours!
Once a gift has been accepted, it can never be disclaimed later on. Additionally, a disclaimer must be made after the testator's death.
In order to disclaim an inheritance, you will need to write a Disclaimer, which states that you are disclaiming your inheritance in writing. Within your Disclaimer, you will need to explain what is being disclaimed, whether it is only part of your inheritance or all of it, as well as sign the document to make it legal.