House left in will

[Taxing Matters]

I suggested that they wait until after probate closed and gift the property to the one brother they want to have the house, because they said that their lawyer said that they could NOT do what you are suggesting. Its a way around whatever objection the attorney has.

I have no idea why the lawyer said they couldn't do it. I've dealt with at least one lawyer who was not aware of disclaimers and in particular how they can be used to avoid taking the gift tax hit that your method would do. If the reason was they already are past the 9 months then your method is as good as any since they can't accomplish this without making the gifts. If they are still within the 9 months then I have no idea what the barrier would be to doing a disclaimer.