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Disclaiming an Inheritance

Disclaiming an Inheritance 2025

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The document discusses the concept of disclaiming an inheritance, which allows beneficiaries to refuse property they inherit, enabling it to pass to their children without incurring gift or estate taxes if done within nine months of the transferor's death. It outlines the requirements for a valid disclaimer under federal and Minnesota state law, including the new Uniform Disclaimer of Property Interests Act that simplifies the process. The article emphasizes that disclaimers can be a strategic estate planning tool for shifting wealth to the next generation.

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Can you repudiate an inheritance?

The Civil Code conceives the repudiation, renunciation or rejection of the inheritance as an entirely free and irrevocable act that can be exercised by any of the co-heirs, as soon as they become aware that they have been designated as heirs, independently of the others called to the inheritance.

Why would you reject an inheritance?

If you are left a gift in someones Will, you do not have to accept it, if you do not want to. Circumstances may have changed since the Will was made and you would now prefer that the money or asset is passed to someone else. Importantly, there might be tax advantages to a gift going elsewhere.

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