Disclaimers of Interest - Probate Court

[john.s]

What is the name of your state (only U.S. law)? Ohio

If a Disclaimer of Interest was sent to and rejected by an IRA company, because it was sent-in too late, is the Executor required to submit a copy of the rejected Disclaimer of Interest to the Probate?

Thank you.

 

[anteater]

I can't think of any reason that it would be required. An IRA disclaimer would not be a probate matter.

 

[tranquility]

I can't think of any reason that it would be required. An IRA disclaimer would not be a probate matter.

A disclaimer, for an IRA, must be done by a certain date and conditions to be considered valid and remove the disclaimer as a designated beneficiary under tax law. To know if a disclaimer is valid is a legal conclusion. Since a valid disclaimer might remove the only named beneficiary, if valid, the IRA may be returned to the estate. If there is any doubt as to the timeliness of the disclaimer, a prudent executor out of abundance of caution would probably include it with probate packages to have a judicial determination of its validity.

 

[anteater]

A disclaimer, for an IRA, must be done by a certain date and conditions to be considered valid and remove the disclaimer as a designated beneficiary under tax law. To know if a disclaimer is valid is a legal conclusion. Since a valid disclaimer might remove the only named beneficiary, if valid, the IRA may be returned to the estate. If there is any doubt as to the timeliness of the disclaimer, a prudent executor out of abundance of caution would probably include it with probate packages to have a judicial determination of its validity.

But required?

I don't know where the OP is going with this, but his other thread has bearing (in addition to being confusing regarding exactly what has and hasn't happened):

https://forum.freeadvice.com/probate-personal-representatives-114/ex-parte-communications-probate-judge-606053.html