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When must a qualified disclaimer be?

If a person to whom any interest in property passes by reason of the exercise, release, or lapse of a general power desires to make a qualified disclaimer, the disclaimer must be made within a 9-month period after the exercise, release, or lapse regardless of whether the exercise, release, or lapse is subject to estate

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).

Did any property pass to the surviving spouse as a result of a qualified disclaimer?

The regulations provide that if an interest in property passes from a decedent to one other than the surviving spouse in a taxable transfer, and the person makes a qualified disclaimer, and the surviving spouse becomes entitled to such interest in property as a result of the disclaimer, the property is treated as

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.

How do you write a disclaimer for an inheritance?

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,

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