Legal Question in Wills and Trusts in Illinois

I recommend you get advice about renouncing the share versus taking it and gifting it. You may not achieve what you expect unless you are careful. Speak with a probate attorney in the area where the estate would be probated.

You will need to disclaim your gift in writing before you accept any incidents of ownership of property in the estate. There is no real time limit when you need to do this for state law purposes, but if the estate were large enough to be subject to federal estate tax, there is a time limit. You cannot disclaim your interest in favor of another individual unless the will gives you this right. In other words, if you disclaim your inheritance, we would expect the effect to be the same as if you predeceased the other heirs or legatees. If you personally have unpaid debts to IRS for taxes, you may not have the right to disclaim any property subject to the lien of the IRS,