As you can see, there are many ways a disclaimer might help you keep property in the family or in line with the decedent's wishes. We can't account for every circumstance, and it's possible that some of these considerations might never have come up when planning the estate.
However, by including the possibility of disclaimers when arranging your own affairs, you can prepare for any eventuality. While the estate tax was suspended in 2010, for example, a lot of complicated wills stopped making sense altogether. We never know what's going to happen or when we'll die, which is why we create wills and estate plans in the first place. Making room for disclaimers in our own estates means that whatever tax laws are in effect when we do leave our loved ones behind, they'll be protected.
Check out the links below to learn more about wills and inheritance.
- Bank of America Corporation. "5 Inheritance Planning Mistakes." Merrill Lynch Wealth Management. 2010. (Jan. 15, 2011)http://www.totalmerrill.com/TotalMerrill/pages/ArticleViewer.aspx?TITLE=5-inheritance-planning-mistakes
- Deathcare.com. "How to Refuse a Bequest". July 30, 2009. (Jan. 15, 2011)http://www.deathcare.com/2009/how-to-refuse-a-bequest.html
- Horovitz, Rudoy & Roteman. "To Disclaim or Not To Disclaim: That Is the Question." Oct. 30, 2006. (Jan. 16, 2011)http://hrrcpa.com/events.php?st=article&title=132
- Jacobs, Deborah L. "Estate Tax's Unclear Fate Challenges Heirs." The New York Times. Feb. 17, 2010. (Jan. 16, 2011)http://www.nytimes.com/2010/02/18/your-money/estate-planning/18ESTATE.html?_r=1
- Jacobs, Deborah L. "Saying 'No Thanks' to a Bequest." The New York Times. Feb. 17, 2010. (Jan. 16, 2011)http://www.nytimes.com/2010/02/18/your-money/estate-planning/18DISCLAIM.html
- Selzer Gurvitch Attorneys at Law. "Just Say No, Thanks - Disclaiming Gifts or Bequests." Feb. 15, 2008. (Jan. 15, 2011)http://www.sgrolaw.com/news_publications/publications-info-24
- TrustLawyer, LLC. "Do You Really Want Your Entire Bequest? Planning with Qualified Disclaimers." Law Office of Jeffrey L. Crown. 2010. (Jan. 15, 2011)http://www.trustlawyer.com/qualified-dis.html
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