Q: Hello, can a Disclaimer of Inheritance be signed electronically in Maryland? Thank you so much.
A: Yes, but before you do so, make sure that the disclaimer achieves the results you want it to achieve. A disclaimer by law is treated as if the person disclaiming died before the decedent. If the Will directs that a deceased heir’s share be distributed “per stripes”, or by some other method, the share may go to a person or persons you did not intend. Other methods of redirecting an unwanted inheritance include an agreement among heirs or legatees named under the Will.
A: In short, yes. Maryland adopted the Uniform Electronic Transactions Act which states that a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. Since a Disclaimer of Inheritance is a contract, it can be signed electronically and enforced.
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