Jump to Navigation

Disclaimer Trust

Disclaimer trusts help to minimize or eliminate federal estate taxes for a married couple.

For questions about disclaimer trusts, contact a San Francisco attorney at The Evans Law Firm at 415-441-8669 or 888-50-EVANS or info@evanslaw.com to schedule a free initial consultation.

Oakland Attorneys, Protecting Assets With Trusts

After the death of the first spouse, the surviving spouse has the option of disclaiming all or part of the estate of the first spouse to die. The assets that are disclaimed are transferred to the disclaimer trust and are not included in the estate of the surviving spouse when he or she dies. The disclaimer trust will probably have the same distribution plan as the living trust, but the couple can also specify a different distribution plan for the disclaimer trust.

Importantly, the decision to disclaim must be made within nine months of the date of death, and the person making the disclaimer cannot have received any benefits from the asset being disclaimed. If the surviving spouse does not remember this deadline, or does not understand it, the disclaimer trust won’t work and, depending on the circumstances, the estate could face heavy taxes.

California Lawyers, Retaining Value With Disclaimed Assets

Please call 415-441-8669 or contact our lawyers online via e-mail to schedule a free initial consultation to discuss how a trust can be used to meet your estate planning goals. We serve clients in Oakland and in communities throughout the Bay Area and Southern California.

Free Evaluation Form
  • Bold labels are required.
  • The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
  • This field is for validation purposes and should be left unchanged.
Mailing Addresses

San Francisco/Bay Area
3053 Fillmore Street #236
San Francisco,CA 94123

Phone: 415-441-8669
Toll Free: 888-50EVANS
Fax: 888-891-4906
San Francisco Law Office Map
google plus

Southern California / Los Angeles / San Diego Office
6701 Center Drive West
14th Floor

Los Angeles, CA 90045

Phone: 415-441-8669
Toll Free: 888-50EVANS
Fax: 888-891-4906
Map and Directions
google plus

Play Audio Interview SuperLawyers - Ingrid M. Evans
Avvo - Rate your Lawyer. Get Free Legal Advice.
facebook linkedin twitter