Can you do that? This is what I'd like to do if I can. I'm a beneficiary of my Dad's tIRA along with my brothers and sisters. Can I disclaim some or all of my share and pass it to my son? I was under the impression that if I disclaim my share, it would be spread among the other beneficiaries--my siblings, rather than my son.
Disclaiming is a process governed by state and federal law. In my case (Idaho), it is currently permissible under both. In fact, partial disclaimers are allowed under both. Your state law may differ, and laws can change.
@pb4uski's reply is accurate. What happens to the disclaimed property is not decided by the disclaiming beneficiary; it is determined by the way beneficiaries are listed (and what state and federal law say about how disclaiming works).
In my particular case, my state law says that if I disclaim, the property flows as if I had predeceased the original owner (my father). The IRA is at Vanguard, and the primary beneficiaries are my siblings and I, listed as "secondcor521 per stirpes". There are no secondary/contingent beneficiaries listed.
(I think I disagree slightly with Mr. Slott in that I think state law would control rather than what the beneficiary form says, but I'm not an expert.)
The "per stirpes" designation means that it is my father's intention that if I were to actually die before him, he would want my share to go to my kids, rather than be divided among my siblings. This is, in fact, my father's intention; it also just happens to facilitate the operation of disclaiming.
There are certain time and filing requirements to disclaimers - in my case I basically have to write a letter to the executor (my sister) and possibly file it with the court. The requirements are straightforward but must be followed.
I've given my sister a heads up about this so she knows it's something I might do. It may also be a maneuver that helps them - they both also have three kids, so the original IRA could be split among 12 people instead of 3.
Because of the way this whole process works, any amount I disclaim has to be divided equally between my three kids. I can't say 40% to the oldest and 30% to the younger two, or something like that. Again, that's OK with me, because that's what I'd want anyway.
This is all based on my fairly careful and fairly extensive review of my own situation. I plan to go over it with an estate planning attorney before I actually execute it to make sure it will actually work the way I intend to.