Estate Planning | Making a Difference One Family at a Time

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Receiving an inheritance might sound like a financial windfall, but it is not always welcome. You might feel uncomfortable accepting certain assets, or you may worry that taking the inheritance could cause financial or personal complications.

In Connecticut, you have the legal right to refuse an inheritance if you choose. This process is known as “disclaiming” an inheritance, and it allows you to avoid unwanted property or responsibilities.

Understanding How a Disclaimer Works

A disclaimer is a formal refusal to accept an inheritance. When you disclaim, you are treated as though you never had any rights to the property in the first place.

This means the asset will pass to the next person in line under the terms of the will, trust, or Connecticut’s intestate succession laws if no other instructions exist.

You can disclaim all or part of an inheritance. Some people might choose to refuse specific items while accepting others. The process gives you flexibility, but it must meet certain legal requirements to be valid.

Why You Might Want to Disclaim an Inheritance

Disclaiming an inheritance is a personal decision, and there are several reasons you might consider it.

One common reason is financial. If you are concerned that accepting the inheritance will create issues, you might decide it is better to refuse it.

For example, you might also disclaim property that comes with hidden costs. Inheriting real estate, for instance, can be a burden if the property needs extensive repairs or carries significant debt.

You may not want to take on those obligations, especially if you do not have the time or resources to manage them.

Family dynamics can play a role as well. Sometimes you may feel that someone else in the family needs the asset more than you do. Disclaiming your share can allow the inheritance to pass to that person without the need for complex legal maneuvers.

Another factor is personal preference. You might have ethical or personal objections to accepting certain property, especially if it conflicts with your values or beliefs.

Legal Requirements for a Valid Disclaimer

Connecticut law allows you to disclaim an inheritance, but you must follow specific rules.

First, your disclaimer must be in writing. It should clearly describe the property and state your intention to disclaim it. The document must be signed and delivered to the executor of the estate, trustee of the trust, or another responsible party.

Timing is also important. In most cases, you must submit your disclaimer within nine months of the decedent’s death.

If you were not immediately aware of the inheritance, you typically have nine months from the date you became aware. Missing the deadline can result in the disclaimer being invalid.

Here’s another rule: you cannot have accepted any benefit from the property before disclaiming it. For instance, if you start using a car you inherited and then decide to disclaim it later, the disclaimer will likely fail because you already took possession.

Attend a Complimentary Seminar!

Since you are on our site, you must be interested in learning more about this important responsibility. There is a lot of good information here, and we are also offering some in-person educational opportunities to learn all about wills and trusts.

Our seminars cover all of the key aspects of the process, and this is a good way to connect with us for the first time. We have an office in Glastonbury and another one in Westport, CT, so the events are held in these areas and throughout the entire state of Connecticut.

To get all the details and obtain registration information, visit our Special Events Page. 

Diana O'Rourke, Estate Planning Attorney
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