If you have discussed the option of disclaiming an inheritance with your estate attorney and have decided it is the correct course of action, there are several rules as to which you will need to adhere to in order for the disclaimer to be valid.

First of all, the disclaimer must be in writing and be an irrevocable unqualified refusal to accept any interest in the asset that is being refused. Secondly, it must be delivered to the estate executor within 9 months from the date of the death of the decedent.

Furthermore, if you have signed the disclaimer you cannot accept any part of the asset and you cannot benefit directly from the asset. This could mean income from rental property or dividends from stock shares. And you cannot direct any interest in any property to any other beneficiary.

Contact a professional estate litigation attorney to help you with the correct documents to make an inheritance disclaimer valid.

*This blog entry was not written by an Attorney and should not be constituted as professional legal advice.