A beneficiary of an interest in property in Ohio can disclaim all or part of a bequeathed interest in, or power over, that property under Ohio Revised Code 5815.36, as long as it has not been accepted through actions that indicate ownership or through a written waiver of the right to disclaim (Sec. J).

The written disclaimer must identify the donative instrument, which is the document that established the interest, such as a will or a transfer on death designation affidavit. The disclaimer also must contain a description of the disclaimed interest and a declaration of the disclaimer and its extent (Sec. B (3)). It must be signed by the disclaimant or a legally authorized representative

Depending on the donative instrument, the disclaimer must be filed, recorded and/or delivered pursuant to 5815.36 Sec. F as follows.

* If the interest is created by a non-testamentary instrument, including a transfer on death designation affidavit, the disclaimer must be delivered to the trustee or other person who holds legal title or possession of the property.

* In the case of an interest in real estate a transfer on death designation affidavit, the disclaimer must be filed with the recorder of the county in which the real property is located.

* If the interest is created by a testamentary instrument or by intestate succession, file the document in the probate division of the court of common pleas in the county in which proceedings for the administration of the decedent's estate have been commenced. In addition, deliver in person or send by certified mail an executed copy of the disclaimer instrument to the personal representative of the decedent's estate.

* If the interest is in real estate, execute a copy of the disclaimer and submit in the office of the recorder of the county in which the property is situated.

The Ohio statute is consistent with the Internal Revenue Code Section 2518, which requires that the disclaimer must be received no later than 9 months after the transfer is made (e.g. date of death). In order to be effective, the disclaimer must be irrevocable and binding to the disclaimant and all who claim under him or her (Sec. E). Be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property.

(Ohio Disclaimer of Trust Package includes form, guidelines, and completed example)

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