Utah USLegal Pamphlet on Disclaiming an Inheritance

State:
Multi-State
Control #:
US-PMPH-10
Format:
Word; 
Rich Text
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

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, ...

Disclaiming an inheritance is when a potential heir renounces their right to inherit any assets or property left to them. This decision must be made before the heir takes any possession or control of the inheritance. There are no reversals.

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.

To properly disclaim or renounce your share or a specific part of a share, at minimum the renunciation must: Be in writing; Describe the specific property being disclaimed; Be dated within nine months of the death of the decedent, or once the beneficiary attains the age of 21; And filed with the Executor and/or Court.

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, ...

Under Internal Revenue Service (IRS) rules, to refuse an inheritance, you must execute a written disclaimer that clearly expresses your "irrevocable and unqualified" intent to refuse the bequest.

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Utah USLegal Pamphlet on Disclaiming an Inheritance