Contact Us Today: 877.3.GETLEGALLocation: | Change
PublicLegal Dictionary > qualified disclaimer

Search Merriam Webster's Dictionary of Law

Browse Dictionary of Law

A A A

qualified disclaimer

(n)

:an irrevocable and absolute refusal to accept a particular interest in the estate of a decedent (as a spouse) that is made in accordance with federal tax requirements and results in favorable tax consequences (as exemption from a gift tax) Property disclaimed under a qualified disclaimer is not treated as a gift and is not included in the gross estate of the decedent. Thus property disclaimed by a surviving spouse could pass to his or her children without incurring a gift tax. A disclaiming party cannot, however, direct the disposition of the disclaimed interest and must not have accepted the interest or its benefits (as dividends).

Find an Attorney

300x250_legal_research_finger_book