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What are the specific steps needed to disclaim inheritance in Connecticut.

Southington, CT |

I live in Arizona. My mother lives in CT. My sister is the executor of my mother's estate (or will become the executor). For reasons that are beyond the scope of this message, I need to disclaim any possible inheritance. How do I do this?

Attorney Answers 3


  1. File a written disclaimer with the probate court, with a copy to the executor... If mother is still alive and you are trying to escape creditors/ex-spouse, etc, simply disclaiming the inheritance won't work... you need to have mother disinherit you, or otherwise protect the inheritance to you from your creditors... It can be done, but you need to speak with an estate planning attorney who is familiar with asset protection...


  2. You need to file a "qualified" disclaimer that meets not only CT law but federal law. This will avoid any estate or gift tax implications for you. Do not attempt to do this yourself as there are very detailed rules at the federal level and there may be special rules under CT law. You need to retain a CT estates lawyer to help you through the process and to prevent you from inadvertently disqualifying the disclaimer.

    Hope this helps. If you like this answer and have a Google account , please hit the +1 sign above. It takes just a second to do this and it would be most appreciated and would help others. Thanks.
    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.


  3. Both of the previous answers are accurate. I would add one or two points. You can not disclaim an asset after you have excersised any form of "dominion or control" over the asset. This would include accepting ownership, exercising options about its disposition (changing investment attributes, going to cash, etc.) or any other act of acceptance. Neither can a person disclaiming control who then gets the asset. Generally, the treats a discaimer as if the person disclaimimg died 1st. Your mother's will, or the laws of intestacy, and the beneficiary designation on IRAs, savings binds, etc., will control who receives in your place. You should understand what the result is before you disclaim, it may not be what you expect. You should also thoroughly understand whether your goals will be achieved by disclaiming.

    You should seek advice before taking this action.

    Legal Disclaimer: The comment provided above is intended as general information and is NOT legal advice. You should consult an attorney for advice regarding your individual situation. If your question concerns Estate Planning, Business Planning, Asset Protection, Elder Law, Long Term Care Planning, or matters governed by the laws of Massachusetts or Connecticut, you may contact me for a consultation at kquinn@legacycounsellors.com or 413-527-0517.

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