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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Chesterfield

600 Kellwood Parkway, Suite 300
Chesterfield, MO 63017

(314) 888-0088

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Kirkwood

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

(314) 375-2306

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Edwardsville

105 W. Vandalia St.
Edwardsville, IL 62025

(618) 619-6000

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St. Charles

3050 W. Clay St.
St. Charles, MO 63301

(866) 335-3375

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Independence

4200 Little Blue Parkway
Independence, MO 64057

(816) 905-0000

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Overland Park

Lighton Tower, 7500 College Blvd.
Overland Park, KS 66210

(866) 335-3375

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Reference: Disclaimer