Mason & Helmers
We Welcome Your Call
  • Phone 651-323-2548
  • Toll Free 877-389-5533

How to disclaim an inheritance


Most of the time when a Minnesotan receives an inheritance they are happy and grateful for it. But, occasionally a person does not want to accept an inheritance. Is it possible, then, to disclaim an inheritance?

There are circumstances where a person may not want to accept an inheritance. They may disclaim an inheritance for tax purposes or they may want to prevent a creditor from making a claim. They may also want to take advantage of marital deductions and will want to disclaim the inheritance.

Regardless of the circumstances, there are five requirements a person must make to disclaim an inheritance. First, the disclaimer must be unqualified and irrevocable. Then, the disclaimer must be in writing and completed within nine months of the death of the person who left the inheritance. The person who files the disclaimer must not accept any benefit from the property that is disclaimed and, finally, the inheritance that is disclaimed must pass to someone else without the original receiver giving any direction. The inheritance is then passed to whomever is specified in the will.

If a person is facing complicated inheritance issues, they may want to speak with a legal professional who understands the laws relating to heirs and beneficiaries. An attorney has the experience necessary to help their client with their unique situation. They can review what their client needs and can advise them on what needs to be done to achieve their goals. Probate matters can be complicated and having an attorney who specializes in them is important.

Source: FindLaw, "Legal How-To: Disclaiming an Inheritance," Daniel Taylor, Jan. 30, 2015

No Comments

Leave a comment
Comment Information

For Assistance with Estate Disputes & Other Matters, Contact Us

To learn more about the firm and how we can assist you,
contact Mason & Helmers in St. Paul, Minnesota. Call 651-323-2548 or 877-389-5533 (toll free) to set up an appointment.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review
rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories — legal ability and general ethical standards.

Contact Our Attorneys

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response
Mason & Helmers

Mason & Helmers
332 Minnesota Street
Suite W-3070
St. Paul, MN 55101

Toll Free: 877-389-5533
Phone: 651-323-2548
St. Paul Law Office Map