2015年12月19日星期六

Using Disclaimers as a Post-Mortem Planning Device

After lamenting the loss of a family member, you learn that you will inherit $10,000 under said family member’s will. The will leaves a specific gift of $10,000 to you, then to your issue if you predecease the testator. However, the will is outdated, and the family member was unaware of your most recent circumstances: your business recently went public and stock prices have tripled despite the slow economy. You don’t really need PuppetShow: The Price Of Immortality Collector's Edition the money, so you instead would like to pass it on to your children. But accepting the money and gifting it to them subjects the donor to gift taxes. A disclaimer can act as the perfect postmortem mechanism for passing the money on to your children free of gift taxes.

A disclaimer is a refusal to accept property. A qualified disclaimer must be made within nine months after the decedent’s date of death, must Turbo Pizza be in writing, and must be absolutely irrevocable. IRC Section 2518. The disclaiming party must not have accepted any benefits from ownership of the property disclaimed. Also, the disclaiming party Amaranthine Voyage: The Tree Of Life Collector's Edition does not get to decide where the disclaimed assets go; they pass Six Figure Renegade - Generate new large income relating to the fly with this top solution as if the disclaiming party had predeceased the decedent. So, you will need to determine if disclaiming the property will fulfill your intentions: to whom you want the gift to pass.

Qualified disclaimers Lost Lands: The Golden Curse Collector's Edition are not gifts and are commonly used to a correct a flawed Get the best hotels in Punjab with luxuriant appeal estate plan, as seen in the hypothetical above; to qualify property for a marital deduction by eliminating non-spouse beneficiaries; and to pass assets, free of any gift tax implications, on to other beneficiaries.

Declaimers can therefore act as an important postmortem estate planning tool, passing gifts Lost Lagoon 2: Cursed & Forgotten to other beneficiaries and creating effective tax shelters.

Contact professionals to help properly effectuate a disclaimer. The estate planning services at M.A.S. Legal will guide you through estate planning with experience, efficiency and a high level of professionalism. We offer both Attorney and Paralegal services with our professional estate plans to fit any person's budget. M.A.S. Legal will even provide special accommodations for elderly clients. Call us today for a free consultation.

Mike Alan Silberman

www.maslegalservices.com

Sources:

Internal Revenue Code section 2518 allows a California beneficiary to sign a qualified disclaimer, resulting in treatment of the disclaimed property Witches' Legacy: Slumbering Ralph Lauren - The Essence of an American Icon Darkness Collector's Edition as if the California disclaimant had predeceased the decedent. Utilizing disclaimers as part of the estate plan builds in flexibility.

Treasury Regulation section 25.2518-2 lists the following “Requirements for a Qualified Disclaimer”.

(a) In general. For the purposes of section 2518(a), a disclaimer shall be a qualified disclaimer only if it satisfies the requirements of this section. In general, to be a qualified disclaimer—

(1) The disclaimer must be irrevocable and unqualified:

(2) The disclaimer must be in writing;

(3) The writing must be Scuba in Aruba delivered to the person specified in paragraph (b) (2) of this section within the time limitations specified in Jewel Keepers paragraph (c)(1) of this section;

(4) When Chronic Sinusitis Attacks The Drawn: Trail Of Shadows Collector's Edition disclaimant must not have accepted the interest disclaimed or any Flame Resistant Hood of The Dark Hills of Cherai its benefits; and

(5) The interest disclaimed must pass either to the spouse of the decedent or to a person other than the disclaimant without any direction on the part of the person making the disclaimer.

Mike Alan Silberman, Chapman University School of Law and UCLA graduate. http://www.maslegalservices.com

没有评论: