What is a disclaimer and how does it work?

A disclaimer is a legal tool used in estate planning law to refuse the acceptance of an inheritance or gift. Washington state requires that a disclaimer be in writing and made within nine months of the death of the creator of the estate. The disclaimer is then filed with the court. When a person decides to make a disclaimer in Washington, they must document that the assets or property they are refusing have been properly appraised in order to validate the disclaimer. The rejected assets are then treated as though the disclaiming party had passed away before the creator of the estate. This allows for the assets to pass on to the next available beneficiary. A disclaimer works to protect the beneficiary, which may be an individual or an entity, such as a charity. They may choose to accept the inheritance or opt to disclaim the gift, allowing the assets to transfer to those for whom the creator of the estate had intended. In order for a disclaimer to be valid, the beneficiary must be sure to meet the time restrictions, document any appraisals, and keep a copy of the disclaimer on file.

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