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Disclaimers

A disclaimer is a refusal to accept property allowing for the property or interest in property to be treated as an entity that has never been received and therefore can be used to avoid federal estate tax and gift tax for intergenerational transfers.

For questions about disclaimers and how they can be used to avoid tax penalty, contact a Bay Area lawyer at The Evans Law Firm at 415-441-8669 or 888-50-EVANS or info@evanslaw.com to schedule a free initial consultation.

San Francisco Lawyers, Advising on Property Disclaimers

To create a legal disclaimer that avoids taxation, disclaimers must meet the following set of requirements:

  • The disclaimer must be made in writing and signed by the disclaiming party.
  • The disclaimer must identify the property or interest in property that is being disclaimed.
  • The disclaimer must be delivered, in writing, to the person or entity charged with the obligation of transferring assets from the giver to the receiver(s).
  • The disclaimer must be written less than nine months after the date the property was transferred. In the case of a disclaimant aged under 21, the disclaimer must be written less than nine months after the disclaimant reaches 21.

Avoid Estate Tax With Lawyers at The Evans Law Firm

To create a property disclaimer to avoid federal estate tax and gift tax on intergenerational transfers, please call 415-441-8669 or contact our San Francisco attorneys online via e-mail to schedule a free initial consultation. We serve clients in communities throughout the Bay Area and Southern California.

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