Can I still file a disclaimer to real property inherited in a Will after the 9 month period has expired?

If so, what would I need to do? The Will has been probated and I am the executor.

Asked on June 12, 2014 under Estate Planning, Alabama


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  THis is not an easy question to give guidance on here. The answer may be yes depending on who the beneficiary to the property is (such as a minor or maybe someone that is a joint owner). The general rule is no but there are certain loopholes in the Tax Code and possibly your state law so I would speak with a tax expert in your area.  Good luck.

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