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TOPIC: Disclaimer without probate?

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#1009

Miami LS (User)

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Posts: 32

Disclaimer without probate? 8 Months, 2 Weeks ago	Karma: 0
Florida probate code states that a dislclaimer must be filed within 9 months of the decedent's death. If decedent's assets passed via his living trust and no probate was required, do I still need to open a probate estate to file the disclaimer? Looks like its a gap in the system. Enter code here Please note, although no boardcode and smiley buttons are shown, they are still useable

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#1013

Kash (User)

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Posts: 27

Re:Disclaimer without probate? 8 Months, 2 Weeks ago	Karma: 1
I believe you have to open up a probate estate to file a deed...anyway. I believe the purpose is to have it on record. Otherwise its not a disclaimer and the IRS will consider the beneficiary to have taken the gift. Enter code here Please note, although no boardcode and smiley buttons are shown, they are still useable

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#1034

great1 (User)

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Posts: 29

Re:Disclaimer without probate? 8 Months, 2 Weeks ago	Karma: 0
To open a probate estate you need to list assets in an inventory. If there is no probate assets then the inventory will be zero(?) So, do you still file an inventory? Enter code here Please note, although no boardcode and smiley buttons are shown, they are still useable

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