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What is a disclaimer in estate planning?

A disclaimer trust is an estate planning technique in which a married couple incorporates an irrevocable trust in their planning, which is funded only if the surviving spouse chooses to disclaim, or refuse to accept, the outright distribution of certain assets following the deceased spouses death.

What does it mean to disclaim responsibility?

Disclaim, in a legal sense, means to give up a legal claim, obligation or right to something. Rejecting ones claim to inheritance is an example of when one disclaims. Disclaim also means to deny responsibility for something.

When should you disclaim an inheritance?

Disclaim the asset within nine months of the death of the assets original owner (one exception: if a minor beneficiary wishes to disclaim, the disclaimer cannot take place until after the minor docHubes the age of majority, at which time they will have nine months to disclaim the assets).

Can you give away your inheritance to someone else?

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.

What does it mean to disclaim interest in property?

191502. (2) Disclaimed interest means the interest that would have passed to the disclaimant had the disclaimer not been made. (3) Disclaimer means the refusal to accept an interest in or power over property.

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