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Although an inheritance of money, property, or other assets is often a welcome gift for the recipient, there are circumstances in which a person may want to disclaim a gift from another person's estate.
For example, a person whose own estate may already be at or near the limit of the federal estate tax exemption may choose to disclaim an inheritance for tax purposes. Disclaimers may also be used to take advantage of marital deductions or to prevent a beneficiary's creditors from making a claim on property that he or she inherited.
So how do you legally disclaim a gift or bequest made by another person' estate? Here's a general overview:
How to Make a Qualified Disclaimer
Under IRS rules, there are five requirements that a person must satisfy in order to disclaim an inheritance:
If these conditions are satisfied, the property will pass as if the person making the disclaimer had predeceased the person making the gift. The disclaimed property will then pass to whoever is specified by the will, trust, or other instrument, or by the operation of law.
The disclaimed property will also not be treated as a transfer or a gift by the person making the disclaimer. This allows the person making the disclaimer to avoid the tax issues that would otherwise be involved with accepting the inheritance and then giving the inherited property as a gift or transferring ownership to another individual.
Need More Help?
If you are dealing with a large or complicated inheritance, or need advice on whether a disclaimer is right for your situation, your best option may be to seek the help of an experienced estate planning lawyer.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.