Record a proposed refusal and leave the next taker blank
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Who takes after a refusal is state law, and the lawyer must confirm which state's law governs. The qualified-disclaimer rule in this check is federal. No state disclaimer statute was opened, so Florida is not an example of who takes next. From the note of a refusal, name the person and the interest they would otherwise take. Leave blank who takes that interest. Do not prepare the refusal.
- What the lawyer must review
- Who takes after a refusal is state law, and the lawyer must confirm which state's law governs. The qualified-disclaimer rule in this check is federal. No state disclaimer statute was opened, so Florida is not an example of who takes next. 26 U.S.C. section 2518 states the federal tax effect of a qualified disclaimer. The writing, the 9-month receipt rule, the no-acceptance rule, and the no-direction passing rule are in subsection (b). Subsection (c) also covers a disclaimer of an undivided portion and treats certain written transfers of the entire interest as disclaimers if they meet the similar requirements it states. The tool records the person and the interest. It does not name a substitute taker under Florida intestacy, because no Florida disclaimer statute was opened, and it does not prepare the writing. The Cornell page is not the official edition.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review the original source set for relevant material absent from the output, including contrary evidence, qualifications and remaining gaps.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.