Disclaimers in estate planning

On Behalf of | Sep 21, 2020 | Probate And Estate Administration

There could be a variety of topics to consider when it comes to managing the affairs of an individual who has recently passed away. In some cases, beneficiaries in Nevada may wish to know more about their options during the process of property distribution. One such option could involve rejecting an inheritance by executing a disclaimer, and while there may be some scenarios in which this could seem a viable option, in some cases, a similar decision could also carry unforeseen consequences.

In estate planning, a person has the option of denying to accept an inheritance by executing a disclaimer. Such an option could be appealing in various scenarios, such as a situation in which family members wish to care for a loved one with a serious medical condition by allowing this person to receive a larger portion of the estate in question. However, this might not always be as simple as it seems, as there are certain scenarios in which assets denied through a disclaimer might not be passed to another beneficiary.

Experts indicate that the person who executes a disclaimer will be treated afterwards in the same manner as one who passes on before the decedent. A disclaimer does not give a person control over what happens to the assets he or she chose to deny. As such, seeking advice on how such a decision may affect the outcome of the situation and insight on any other available options could prove vital to protecting the interests of everyone involved.

Individuals who are weighing the possibility of using estate planning options such as a disclaimer could benefit from seeking advice prior to choosing a path. When facing a similar scenario, a person in Nevada could find it helpful to consult with legal counsel for insight in covering every crucial aspect of the process. An attorney can provide a client with advice on all the available options and assist him or her in making informed choices about the situation.