Estate Planning · Haute Lawyer Network

    What Is a Disclaimer of Inheritance?

    Last reviewed: October 2026 · Jurisdiction: United States (federal tax law; state law also applies)

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    What are the requirements for a qualified disclaimer?

    Under IRC § 2518, it must be in writing, irrevocable and unqualified; delivered within nine months after the later of the transfer or your 21st birthday; made before you accept any interest or benefit; and the property must pass without direction from you to someone else (or to your spouse, if you're the decedent's surviving spouse).

    How long do I have to disclaim an inheritance?

    Generally nine months from the date of death (or other transfer) for federal tax purposes. If you were under 21, you have until nine months after your 21st birthday. State-law deadlines and formalities can differ, so check both.

    Can I disclaim an inheritance to qualify for Medicaid?

    Usually that backfires. Most state Medicaid programs treat refusing an inheritance as a transfer of assets, which can trigger a penalty period of ineligibility. Talk to an elder law attorney before you refuse anything.

    Can a disclaimer protect an inheritance from creditors?

    Not reliably. A disclaimer doesn't defeat a federal tax lien (Drye v. United States, 1999), and state laws and bankruptcy courts treat other creditors differently.

    Can a surviving spouse disclaim and still benefit?

    Yes. That's the main exception to the "no benefit" rule. A surviving spouse can disclaim property that then passes to a trust for the spouse's benefit, often a credit shelter trust, if the estate plan provides for it.

    Can I disclaim only part of an inheritance?

    Yes. You can disclaim a fraction, a percentage or specific assets and keep the rest, as long as the disclaimed portion is clearly identified and you haven't accepted benefits from it (Treas. Reg. § 25.2518-3).

    Can I choose who gets the property I disclaim?

    No. It passes as if you had died first, to whoever the will, trust, beneficiary designation or intestacy law names next. Directing it yourself disqualifies the disclaimer.

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    This information is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.