American College HS330 Exam - Topic 1 Question 108 Discussion

Actual exam question for American College's HS330 exam

Question #: 108
Topic #: 1

A father died leaving his property equally to his wealthy son and his poor daughter. The son wishes to disclaim his share of the inheritance so that it will pass to his sister without his incurring any gift tax liability. In this situation, all the following acts on the part of the son are required EXCEPT:

AHis refusal to accept the inheritance must direct specifically that his sister is to receive it instead.

BHis refusal to accept the inheritance must be in writing.

CHis refusal to accept the inheritance must be received by the executor of his father's estate within 9 months of his father's death.

DHe must not have received any part of his inheritance or any income from it prior to his refusal to accept it.

Show Suggested Answer

Suggested Answer: D

by Nobuko at Mar 07, 2025, 08:13 PM

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Carissa

3 months ago

I don't think he should have to refuse anything if he doesn't want it.

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Antonio

3 months ago

He has to do it within 9 months, that's a fact!

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Virgina

3 months ago

Wait, can he really just give it all to her like that?

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Lenna

4 months ago

Totally agree, he just needs to refuse it in writing.

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Izetta

4 months ago

The son can disclaim his share without specifying his sister.

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Tasia

4 months ago

I believe he can't have received anything from the inheritance before disclaiming, but I’m not clear if that’s a requirement for the disclaimer itself.

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Virgina

4 months ago

I’m a bit uncertain about the timeline; does the refusal really have to be within 9 months? That seems strict.

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Rikki

4 months ago

I think I practiced a similar question about disclaimers last week, and I recall that the refusal has to be in writing.

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Ben

5 months ago

I remember discussing how a disclaimer works in class, but I'm not entirely sure if the son needs to specify that his sister gets the inheritance.

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Rolf

5 months ago

This is a good example of the kind of detailed legal question we need to be prepared for. I'm feeling confident I can work through the requirements and identify the one that is not necessary for the son to disclaim his inheritance.

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Nickolas

5 months ago

Hmm, I'm a little unsure about this one. I'll need to review the concepts around disclaiming an inheritance to make sure I understand all the nuances. Hoping I can figure out the right answer.

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Berry

5 months ago

Okay, I think I've got this. The key is that the son doesn't have to direct the inheritance to his sister - that happens automatically. But he does need to meet the other requirements like refusing in writing and within 9 months.

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Tamekia

5 months ago

This seems like a tricky question about inheritance law. I'll need to carefully read through the options and think about the key requirements for disclaiming an inheritance.

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Isadora

9 months ago

This question is like a puzzle! I bet the answer is 'A', since the son's refusal to accept the inheritance doesn't need to specify that his sister is the recipient. That would be overkill.

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Shawnta

8 months ago

C) His refusal to accept the inheritance must be received by the executor of his father's estate within 9 months of his father's death.

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Raina

8 months ago

B) His refusal to accept the inheritance must be in writing.

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Johna

9 months ago

A) His refusal to accept the inheritance must direct specifically that his sister is to receive it instead.

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Sang

9 months ago

Okay, let me think this through. The son can't have received any part of the inheritance or income from it before refusing to accept it. That makes sense to avoid any potential tax implications.

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Nobuko

9 months ago

Haha, the son must be really eager to give his inheritance to his sister! I wonder if he's just tired of his dad's money or if there's some sibling rivalry going on.

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Helene

9 months ago

D) He must not have received any part of his inheritance or any income from it prior to his refusal to accept it.

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Lavonna

9 months ago

C) His refusal to accept the inheritance must be received by the executor of his father's estate within 9 months of his father's death.

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Stevie

9 months ago

B) His refusal to accept the inheritance must be in writing.

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Leonida

9 months ago

A) His refusal to accept the inheritance must direct specifically that his sister is to receive it instead.

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Brandon

10 months ago

Hmm, I'm not sure about this one. I need to double-check the tax laws and estate planning principles to make sure I have the right approach.

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Annelle

8 months ago

C) His refusal to accept the inheritance must be received by the executor of his father's estate within 9 months of his father's death.

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Youlanda

8 months ago

B) His refusal to accept the inheritance must be in writing.

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Jamal

8 months ago

A) His refusal to accept the inheritance must direct specifically that his sister is to receive it instead.

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Caprice

9 months ago

C: He must not have received any part of his inheritance before refusing.

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Lizette

9 months ago

B: It must be received by the executor within 9 months.

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Ruthann

9 months ago

A: The refusal must be in writing.

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Craig

10 months ago

Wow, this is a tricky one! I think the key here is understanding the requirements for the son to disclaim his inheritance without incurring gift tax liability. It's important to pay attention to the 'EXCEPT' part of the question.

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