Disclaimer of Benefits

[Guest TroyRiley]

I would like to get some opinions on a survivor's ability to disclaim monthly survivor benefits after he has already accepted a couple of months of benefits.

Our state statute says, "a disclaimer of an interest in property is barred if the disclaimant accepts the interest sought to be disclaimed." This would seem to say that a survivor who accepts a monthly benefit may not change his mind and disclaim future monthly benefits. However, I am wondering if the future monthly benefits should be treated as separate interests in property. Such a reading would seem to further the intent of the statute, which is to not force property on someone if he doesn't want to accept it.

Thanks in advance.

[mbozek]

Under IRC 2518 a disclaimer is not valid if the recipient accepts a benefit under the property. Someone who has received income is deemed to have accepted the property. Who is the survivor?

[Kirk Maldonado]

Does the plan document address this issue. If the plan document precludes disclaimers, then it would appear that it would be impossible for one to be effective.