Disclaimer

An individual’s refusal to accept a gift or other distribution from a trust or estate in order to allow the property to pass to alternate takers. Typically, a disclaimer is used as an estate planning technique to avoid estate tax. In order to avoid having a disclaimer qualify as a taxable gift, five requirements must be met: (1) the disclaimer must be irrevocable and unqualified; (2) the disclaimer must be in writing; (3) the disclaimer must be made within nine months of the gift or distribution; (4) the disclaimer must be made before the individual has accepted any interest in the gift or distribution; and (5) the disclaimed interest must pass to an alternate taker without any direction or control by the individual.

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O'Fallon, MO

2897 State Hwy K Suite 210
O'Fallon, MO 63368

(314) 384-6278

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Kirkwood

1001 S. Kirkwood Rd. Suite 130
Kirkwood, MO 63122

(314) 375-2306

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Fairview Heights

331 Salem Pl. Suite 210
Fairview Heights, IL 62208

(618) 579-1005

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Town & Country

12935 N. Outer 40 Rd. Suite 102
Town & Country, MO 63141

(314) 529-0835

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Edwardsville

239 N. Main St.
Edwardsville, IL 62025

(618) 589-3825

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South St. Louis

6654 Chippewa St.
St Louis, MO 63109

(314) 644-3200

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Reference: Disclaimer