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TOPIC: Disclaimer without probate?

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#1009

Miami LS (User)

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Posts: 29

Disclaimer without probate? 7 Months 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.

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#1013

Kash (User)

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Posts: 26

Re:Disclaimer without probate? 7 Months 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.

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#1034

great1 (User)

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Posts: 26

Re:Disclaimer without probate? 7 Months 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?

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