Disclaimer of Property Interests

Question 1

Who cannot disclaim a gift?

Answer 1

Cannot disclaim a gift of value if you receive gov’t assistance (e.g. Medicaid)

Question 2

How to Disclaim a Gift

Answer 2

The disclaimer must be:

1. in writing;
2. signed by disclaiming party and
3. Filed with clerk of the orphan’s court division of the county in Pennsylvania where the decedent died domiciled.

Time for diclaiming:

1. A disclaimer may be made at any time prior to acceptance
2. A disclaimer relates back to the date of the death of the decedent

Question 3

Effect of Dlslaiming

Answer 3

You will be treated as predeceasing the testator and the gift will pass to next in line