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If you disclaim an inheritance it will stay as part of the deceaseds estate and will be re-distributed. The problem with this is that you have no control over where the asset goes. It could pass to someone who you would prefer not to receive it.
A Disclaimer means any writing which declines, refuses, renounces, or disclaims any interest that would otherwise be taken by a beneficiary. The procedure for creating a disclaimer according to California Probate Code Section 278-286, 288 is as follows: 1.
The disclaimer must be in writing; signed by the disclaimant; identify the creator of the interest; describe the interest to be disclaimed; state the disclaimer; and state the extent of the disclaimer. Additionally, a disclaimer must be filed with the trustee or individual responsible for making distributions.
In the world of estates and trusts, a disclaimer is a refusal to accept a gift or a bequest. It may sound strange to refuse a gift but a disclaimer is a useful tool for tax, asset protection and estate planning.
You can redirect your inheritance to anyone you want. It does not matter if the deceased left a Will or if you inherited under the intestacy rules (i.e. where there is no Will). You may wish to redirect your inheritance to: reduce the amount of inheritance tax or capital gains tax due in the deceaseds estate.
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How to Make a Disclaimer Put the disclaimer in writing. Deliver the disclaimer to the person in control of the estateusually the executor or trustee. Complete the disclaimer within nine months of the death of the person leaving the property. Do not accept any benefit from the property youre disclaiming.
Disclaiming inherited assets is often done to avoid taxes but also so that other individuals can receive the assets. A disclaimer that does not meet basic requirements under federal and state law could cause adverse consequences for the person disclaiming the assets as well as any subsequent beneficiaries.
If you refuse to accept an inheritance, you will not be responsible for inheritance taxes, but youll have no say in who receives the assets in your place. The bequest passes either to the contingent beneficiary listed in the will or, if that person died without a will, according to your states laws of intestacy.
You disclaim the assets within nine months of the death of the person you inherited them from. (Theres an exception for minor beneficiaries; they have until nine months after they docHub the age of majority to disclaim.) You receive no benefits from the proceeds of the assets youre disclaiming.
You can give part of your inheritance to your sibling but subject to potential gift tax issues. To give part of your inheritance to your sibling may require filing a federal gift tax return for the amount gifted above the $16,000 annual exclusion amount.

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