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Where a beneficiary of property under a will or trust wishes to make a tax free gift to the person who would be the next recipient of such property under the will or trust, he can disclaim the property.
When property is left to a surviving spouse who doesn't need or want it, the surviving spouse could disclaim the portion he doesn't want and avoid a needless double taxation upon his death.
Where the entire community property is subjected to probate (both the decedent's one-half interest and the surviving spouse's one-half interest) upon the death of only one spouse, the surviving spouse should exercise caution to disclaim only the community property interest of the decedent.
Moreover, if the survivor is expected to need the bulk of the benefits, any estate tax disadvantage to the second option is minimized, since the surviving spouse's estate is taxed only on the benefits that remain at his or her death, If the surviving spouse understands how to properly disclaim assets and there is a chance he or she will need all or part of the retirement benefits, the best option may be for the benefits to be paid to the surviving spouse.
A surviving spouse can disclaim all or part of an interest in an inherited IRA and allow it to pass to younger contingent beneficiaries.
The B trust contains provisions for the surviving spouse to disclaim some or all of his or her interest from the trust directly to the children.
Disclaim a portion to the B trust, remaining as an income beneficiary;
Decrease marital deduction: In certain situations, it may be appropriate for a surviving spouse to disclaim bequeathed property in order to reduce the amount of property that qualifies for the marital deduction.
If the entire estate passes to a surviving spouse subject to the marital deduction and the spouse is the estate representative, he may elect to disclaim the fee in order to effectively increase his spousal bequest.
The decedent's children and grandchildren proposed to disclaim their interests so that, under South Carolina intestacy law, the entire corpus would pass to the decedent's surviving spouse.
Each child intended to disclaim a fixed percentage of his one-half share in the trust.