Should I Turn Down My Inheritance?

Transcript of Podcast Episode 385

Hello, this is Bill Rainaldi, with another edition of Security Mutual’s SML Planning Minute. In today’s episode: should I turn down my inheritance?

So, a family member has died recently and left some assets to you. You should be happy you’ve been left an inheritance, but it’s complicated. Maybe you’d rather the money went to someone else. Or maybe, for whatever reason, it’s just not worth the trouble. Do you have to accept it? The answer is no.

Why would you ever choose not to accept assets that someone has given to you? There are a few situations where it makes sense. One case might be related to federal or state estate taxes. If you’re already a high-net-worth individual who may have an estate tax issue, it may be better to disclaim, assuming your preferred beneficiary is next in line. This is especially true if the next beneficiaries are your children, who are likely to inherit your assets eventually. Why subject the assets to an extra layer of taxation on the way there?

Also, inheriting certain assets, such as a traditional IRA, can be very complicated. When you inherit an IRA, unless you’re a surviving spouse, current tax law requires you to withdraw the funds—and pay income taxes along the way—within ten years. If you’re in a high-income tax bracket, you might not end up with as much as you hoped for. The next person in line, who might be in a lower income tax bracket, could end up with more money after taxes. And they may need the income more than you do.

One sophisticated strategy some people use is to set up their favorite charity as a secondary beneficiary to their estate. If the IRA owner trusts his or her heirs’ judgment, he or she could leave the IRA to them. They would then figure out whether it makes sense to disclaim the IRA, allowing it to pass to the charity. This could result in considerable income tax savings.[1]

Sometimes there are other reasons you might choose to disclaim. The asset could be a rundown piece of real estate with deferred maintenance or environmental issues. In a case like that, you might decide that you just don’t want it.

Or maybe you simply don’t need it. That could be a key consideration if the next person in line is your child or someone else you care about. Just keep in mind that it gets tricky if the new inheritor is a minor. Minors are considered legally incapable of owning assets directly, so they generally can’t assume control or management of inherited assets. A court-appointed legal guardianship may be required.[2]

So, what happens if you decide the answer is “no, thanks?” You would then need to file what’s called a “qualified disclaimer.” If you do it properly, the assets pledged to you will be passed along to the next person in line. Although every state and every situation is different, here are some generic rules you might need to follow:[3]

1. The disclaimer must be in writing.
2. It also needs to be irrevocable and without any qualifications. Once you decide to disclaim, you can’t change your mind. Also, you’re not allowed to make it contingent on something else happening or not happening.
3. The disclaimer must be made before you accept the assets. You can’t give them back once you have them.
4. It must be made in a timely manner. You generally need to submit the disclaimer within 9 months. However, there is an exception if the beneficiary is under age 21. In that case, the deadline is nine months after they reach age 21.[4]
5. The disclaimer also needs to be unlimited. You’re not going to be able to attach any conditions to the disclaimer.

Note that it is also possible to execute a partial qualified disclaimer, but it can be tricky. For example, if you’re scheduled to receive a certain number of shares in a publicly traded company, you may be able to keep a selected percentage of those shares while disclaiming the rest.[5]

It’s important to understand that a qualified disclaimer has its limitations. Maybe the most important of those is that you have to completely give up any right to the disclaimed assets. In other words, if you say no, you don’t get to choose what happens next. You’ll need to look closely to see where the money will end up if you disclaim. You might prefer that your children be next in line, but it’s not your choice. If it’s actually your long-lost cousin Ethel, that could also be a factor in your decision.

It’s not often that people are in a position to decline inherited assets. But in certain situations, it’s nice to know that it can be done, if it makes sense.

[1] Saunders, Laura. “When Heirs Are Right to Say ‘Thanks but No Thanks’ to an Inheritance.” The Wall Street Journal. https://www.wsj.com/personal-finance/taxes/when-heirs-are-right-to-say-thanks-but-no-thanks-to-an-inheritance-5ea96aac?mod=Searchresults&pos=1&page=1 (accessed May 11, 2026).

[2] Trust & Will. “Minors Inheriting Assets: Limitations and Considerations.” Trust&will.com. https://trustandwill.com/learn/minors-inheriting-assets (accessed May 11, 2026).

[3] Hartnett, Stephen C., J.D., LL.M. “Qualified Disclaimers.” Aaepa.com. https://www.aaepa.com/2014/03/disclaimers/ (accessed May 11, 2026).

[4] TaxNotes. “Sec. 25.2518-2 Requirements for a qualified disclaimer.” TaxNotes.com. https://www.taxnotes.com/research/federal/cfr26/25.2518-2 (accessed May 11, 2026).

[5] National Archives Code of Federal Regulations. “§ 25.2518-3 Disclaimer of less than an entire interest.” Ecfr.gov. https://www.ecfr.gov/current/title-26/chapter-I/subchapter-B/part-25/subject-group-ECFRac39af22636eabc/section-25.2518-3 (accessed May 11, 2026).

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