What is a disclaimer of inheritance?
A disclaimer of inheritance is a legal tool used in Washington State to refuse or renounce an inheritance from a decedent’s estate. A decedent is a person who has recently passed away, leaving behind a will and/or other assets. The disclaimer of inheritance allows a beneficiary of the estate to forgo their legal entitlement to a share of the estate. For a disclaimer of inheritance to be valid in Washington, the disclaiming person must be 18 or older, and must execute the disclaimer within nine months of the decedent’s death. The disclaimer must also be in writing, signed by the disclaiming party, and described in detail. Additionally, it must be filed with the court and served to the executor of the estate. The disclaimer differs from a will in that it specifically states the beneficiary’s intention to reject the inheritance. The disclaiming party is not allowed to benefit from the disclaimer in any way. For example, they cannot use the disclaimed funds to purchase a home or any other asset. Furthermore, the disclaiming party cannot later change their mind and accept the inheritance or any portion of it. In Washington, disclaimers of inheritance are generally irrevocable. However, a beneficiary may receive the disclaimer back in the event of the death of the disclaiming party.
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