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Is there any dead line to file , the law firm already submitted a preliminary judicial report
Hi David: Technically the statute states the following, but it is rather confusing: The disclaimant shall deliver, file, or record the disclaimer, or cause the same to be done, prior to accepting any benefits of the disclaimed interest and at any time after the latest of the following dates: (1) The effective date of the donative instrument if both the taker and the taker's interest in the property are finally ascertained on that date; (2) The date of the occurrence of the event upon which both the taker and the taker's interest in the property become finally ascertainable; (3) The date on which the disclaimant attains eighteen years of age or is no longer an incompetent, without tendering or repaying any benefit received while the disclaimant was under eighteen years of age or an incompetent, and even if a guardian of a minor or incompetent had filed an application pursuant to division (B)(4) of this section and the probate division of the court of common pleas involved did not consent to the guardian executing a disclaimer. Most interpret the statute to say that disclaimer can occur unless the heir took beneficial control of the assets or the estate is closed. With regard to the petition, this does not necessarily preclude the filing of a written disclaimer with the court and the deed of records at this time. The options therefore is to file the disclaimer and see if the Court will accept it; or do nothing. I know this answer is a bit convoluted. If you would like I can opt out to see if another expert can provide more information. Thank you, Damien
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