Relinquishing rights to an estate

JavaScript seems to be disabled in your browser. You must have JavaScript enabled in your browser to utilize the functionality of this website. I direct that my right to disclaim exists notwithstanding a any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction or b any restriction or limitation on the right to disclaim contained in the governing instrument.

To the extent permitted by law, I direct that the following provisions shall apply to this disclaimer:. A future interest that takes effect in possession or enjoyment after the termination of the estate or interest disclaimed takes effect as if the disclaimant had predeceased the decedent.

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A disclaimer relates back for all purposes to the date of death of the decedent. A disclaimer relates back for all purposes to that date. A future interest that takes effect in possession or enjoyment at or after the termination of the disclaimed interest takes effect as if the disclaimant had died before the effective date of the instrument or contract that transferred the disclaimed interest.

This disclaimer is binding upon the disclaimant or person waiving and all persons claiming through or under either of them. Home Information. Find Attorney. For Attorneys. We Help! No Hassles Guarantee. Search: Search. This disclaimer applies to all real and personal property I would have received. Attorneys Do you Care to Help People? Can you gain their trust? Get Help My Account.My husband has 2 gas stations with his brother, with whom he does not get along. In case, my husband dies first, I will have a real problem with his brother and probably end up in court.

How do I sign off rights to these businesses so that in case my husband dies first, my husband's shares automatically go to his brother.

I don't want to be responsible for any future lawsuits, any creditors or even want any profits from his businesses. Upon his death, if it happens first, I want to be able to walk away from the whole thing. Suppose I get divorced later and he dies after that, will I still ahve a stake in the gas stations?

This is an interesting question, and a proper answer requires more clarity on whether the business is truly a partnership as the leader on your question suggests or something else such as a corporation, suggested by your reference to "shares.

If it's a partnership, your husband and probably your community assets are potentially liable for the business debts. Your separate property would presumably be safe. There are better ways to organize and conduct businesses nowadays than via the old-fashioned general partnership, and if the business is indeed a partnership, you should ty to persuade them to incorporate or form an LLC.

When a partner dies, the partnership does not cease to exist dissolvenor do es the heir s of the deceased partner become partner s. The remaining partner s must decide whether to continue the partnership or to dissolve it.

The best way to avoid personal contact and also get your fair share is to use an attorney, and it could be the same lawyer who did your estate planning or is handling the probate.

If the business is a corporation, what happens depends to some extent on how his shares are held and your interest -- community property, separate property, joint tenancy, etc. He may leave his interest to his brother! Your best bet would be to have an intermediary your lawyer negotiate with the brother and with any executor or trustee besides yourself, to get fair value in the quickest possible time.

Yours is a very complicated situation. I'm not sure why you want to do what you want to do other than you want no relationship whatsoever with your brother in law. The other side of the corneas aren't you giving up a substantial amount of assets to which you are entitled. There is a business decision, amoral decision and a rational decision to be dealt with here. Moreover there may be tax effects to which you are unaware. My other questionnaires are their problems with the gas station in terms of contamination with which you are concerned about responsibility.

Fellows may not go away no matter what. At that point you will be better served in terms of understanding your rights, duties and liabilities.

relinquishing rights to an estate

You can make it better decision to see the alternatives much more clearly. I have been practicing law in this legal area for over 30 years and understand your problem well.

I practice in the S. Bay Area and if you wish to contact me call at LawGuru answers cannot exceed a certain number of characters and spaces, so sometimes it is necessary to split an answer in halves.

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Also, sometimes we have afterthoughts.Normally, you do not have to take possession of property given to you by someone else, including inherited property. When you relinquish your interests in an inherited property, the law calls it a "disclaimer. One of the primary uses of disclaimers is to avoid federal estate tax issues. Parents who leave property to their already well-off children with good intentions sometimes create future estate tax problems for their grandchildren.

If the children disclaim the property, it can often pass directly to the grandchildren without as many tax issues. Because the estate tax law changes frequently, you should speak with an estate-planning attorney to determine if a disclaimer is appropriate in your situation. Another reason to disclaim an inherited property is when keeping the property might cost more than its worth. For example, you might want to disclaim real estate with more debt attached to it than equity.

If you are disclaiming property because of federal estate tax issues, you must usually do so within nine months of the grantor's death. States have different laws concerning how long you have to disclaim property. If you want to disclaim property, you cannot accept the property and later disclaim it.

You also cannot receive any benefit from the property before disclaiming it. For example, if the property is a stock portfolio, you cannot cash a dividend check; if it's real estate, you can't accept any rent if you intend to disclaim it. The exact language you need to use depends on the laws of the state with jurisdiction over the estate and the type of property you want to disclaim.

You should check with an attorney for the specifics language you need to use. Generally, however, you need to state your name, the property to disclaim and the extent of the disclaimer.

relinquishing rights to an estate

For example, if you want to fully disclaim real estate, your disclaimer might state, "I, John Doe, fully disclaim all rights, titles, benefits and other interests in the real property located at Homestead Drive, Anywhere, Texas To make the disclaimer effective and final, you must deliver it to the proper person.

This is also a matter of state law. In most cases, the disclaimer must be signed and delivered to the estate executor or personal representative.

Some states require filing the disclaimer with the court having jurisdiction over the estate. If you are disclaiming real estate, you will also need to file the disclaimer with the register of deeds in the county where the property is located.

After you disclaim a piece of property, it will go to the next in line to inherit under the terms of the will or in accordance with the laws of intestate succession in your state. A well-drafted will has a remainder clause that sets out who gets property in case of disclaimer or when the property is not mentioned in the will.

This is the person who will inherit the property. In cases where such a clause does not exist, or everyone mentioned in the clause disclaims the property, the law of intestate succession determines who inherits the property, which is usually based on how close relatives are to the deceased.

A professional writer, Michael Butler has been writing Web content since Butler brings expertise in legal and computer issues to his how-to articles. By: Michael Butler. How to Refuse to Inherit a House.

About the Author. Photo Credits.A life tenant is an individual who holds a property interest known as a life estate. Life tenants typically may use the estate property during the duration of their life estate, but may not take any action that will damage the property for future owners.

Those with specific questions about life estates or life tenant rights should contact a real estate professional. A life estate is a specific type of real estate interest that lasts only so long as a specified party is alive. The typical life estate is measured by the lifespan of the life tenant. However, in a specialized life estate known as a life estate pur autre vie, the life tenant's right to the property may last only as long as another person's life, and the life tenant may lose his rights to the property before his own death.

A life estate does not arise by default; it must be created in a real estate conveyance with clear language that limits the user's rights to someone's lifetime, such as "To John as long as he shall live.

Once the death of the life tenant or another party, in the case of a life estate pur autre view ends the life estate, the property will go back to another party, usually someone named in the same conveyance that created the life estate. This party, the "remainderman," holds a real interest in the property known as a reversion. Because the property will revert to the remainderman at some point, this future interest gives the remainderman the right to keep the life tenant from doing actual damage to the property during his time of possession.

Life tenants must keep the life estate property in good condition. Among other duties, the life tenant must maintain the property, as well as pay property taxes and interest on any mortgage of the property.

Typically, the remainderman is responsible for mortgage principal. Traditionally, life tenants did not have the right to remove any of the resources on the property, such as timber or ore, unless the instrument that created the life estate specifically mentioned such rights. But many states' laws have recognized such rights if the property has always been used for such resource exploitation, if there's no other use for the property, or if the removal is necessary to keep the land maintained.

A life tenant has no right to sell or give away the property to another party. Unless the life estate's creator explicitly conditioned the estate on the life tenant's improvement of the property, the life tenant has no legal obligation to make the property grow in value or produce profit.

The law allows the life tenant to profit from the property, but the life tenant may be liable to the remainderman if the life tenant takes the profitable action over the remainderman's objections. Even if the property improvement is necessary, the law may still hold the life tenant liable if the improvement in any way decreases the remainderman's property interest.

Erika Johansen is a lifelong writer with a Master of Fine Arts from the Iowa Writers' Workshop and editorial experience in scholastic publication.

She has written articles for various websites.

relinquishing rights to an estate

Share It. About the Author. Photo Credits.My now ex- girlfriend and I purchased a home a little over 3 years ago on a mortgage. We refinanced the mortgage last November.

Now we've split up I just want to have myself covered in all ways, so down the road she can't say "technically this house is mine" or file the mortgage as part of her taxes, or whatever else she could do with it. I intend to have her taken off the mortgage and solo-refinance it when the opportunity is made available.

Also, what would be some things that could benefit her from signing this? To help me convince her to do it I know that a quit claim deed can be used to give up property assets in a somewhat "informal" manner, as mortgage lenders don't tend to recognize them.

Do you think that it would be sufficient enough to hold up in court at some point? It's called a Quit Claim Deed.

Legal Wording for When an Heir Wants to Relinquish Interests in a Property

YOu can usually get the forms for it at an office supply store that provides all kinds of legal forms. YOu can buy a packet of 10 or 12 so you can have plenty to practice on. You both sign it in the presence of a notary public, and you immediately file it with the county clerk and recorder's office country treasurer or maybe its called the tax assessor's office.

Make sure you coordinate with your mortgage company on this. They may have included her income as part of the total income figure they used to determine whether or not to give you a loan. They may have to rewrite the loan with just your name on it. You might persuade her by telling her she won't have to pay half the real estate taxes any longer, or part of the mortgage.

She won't have to pay for repairs if her name isn't on the house. If she wants to keep her name on the house, then insist that she pay for these things. That should be enough to motivate her to cut her losses, since she is probably paying for rent or a mortgage somewhere else. Not may people can afford to pay for two residences at the same time.

In order to get her off mortgage and off title, you need to do a refi and new deed and new mortgage.

relinquishing rights to an estate

Otherwise, her name remains on title and mortgage, and it can prevent her from being able to buy another place. You should definitely have written agreement between you, stating who put up money for down payment when you bought the place, who paid the bills during your co-habitation, that it is agreed that you will pay all bills in future and be responsible for mortgage, RE taxes, utilities from this point forward and HOLD HARMLESS your GF from this point forward, that in return she is signing a QC Deed to you, which will be recorded at time you can refinance the property in your sole name.

Should consider having an attorney draw up doc, but you can do it, both sign and get it notarized. A sweetener for her would be you returning to her her share of down payment, if any. As home value has declined, there is no increased value to be split out between you. You both needed a place to live and would have had costs, so most monthly payments can be allocated to normal living costs.An heir is not required to take possession of any property given to them by someone else, including an inheritance, if they do not want it.

If this is the case for you, there are certain ways you can disclaim the property and relinquish your interests. When you refuse property, it passes on to the next beneficiary.

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Disclaimers must include specific information and must be filed within a certain period of time. A person can refuse to accept a gift or inheritance for any reason. Three of the most common reasons are to reduce the size of an estate, to pass property to the next in line, or to adjust the intended gift. Small estates are generally exempt from paying state and federal estate taxes. If the gift given to you significantly increases the value of your estate so that it crosses a certain threshold, it may be subject to estate taxes when you die.

If you are worried about this, you may want to disclaim the property to reduce the size of your estate. Instead of accepting the property and then passing it on to the next beneficiary in line, it may be easier and more efficient to disclaim it.

This will allow it to automatically skip over you. This avoids gift taxes as well. The gift might not be worth what the deceased originally thought it would be.

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Or keeping the property might cost more than what it's worth. If either of these are true in your circumstances, you may decide to disclaim the inheritance to avoid the hassles altogether.

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The exact language required in your disclaimer depends on the laws of the state that has jurisdiction over the property and the type of property you want to deny. Generally, however, you must include in writing your name, the deceased's name, a description of the property to be disclaimed, and the extent of the disclaimer.

Disclaimer or Renunciation an Effective Post-Death Estate Tool

For instance, if you want to refuse all of your rights to a family home, your disclaimer might state, "I, namefully disclaim all rights, titles, benefits, and other interests in the real property located at address.

It is imperative that you deliver the disclaimer to the proper person.

Legal documentation to relinquish rights to property?

State law governs who this person is, but the majority of the time the disclaimer must be signed and delivered to the person in control of the estate—typically the estate executor or personal representative. However, some states require the disclaimer to be delivered to the court with jurisdiction over the estate. State law also dictates how long an heir or beneficiary has to deliver this document. For example, California requires a disclaimer to be filed within nine months of the deceased's death.

Once you disclaim the property, it goes to the person next in line under the terms of the will or a state's intestate succession laws. For more information on disclaimers or estates, contact an online service provider today. This portion of the site is for informational purposes only.

The content is not legal advice.Question Details: I am an heir to property and I want to relinquish my right, is there a form I can fill out and have it notarized? The owners of the property are deceased. Even though I am a relative, I want to relinquish my rights to any part of this property.

I am a co-owner. Can I create my own relinquishment form and have it notarized to present to the court without an attorney. There was no Will. If you wish to disclaim your potential inheritance to a piece of real estate under North Carolina's intestacy laws, you need to contact the appointed administrator of the estate that is going through the administration process as well as the attorney assuming there is one handling the estate's administration about your desire.

The attorney assuming there is one for the proceeding will draft a disclaimer for you to sign and date under the penalty of perjury to be signed before a notary public. In the document it will state your name, your relationship to the decedent and your desire to disclaim any inheritance from the decedent. The document will then be filed in the court proceeding concerning the estate's administration. If you want to create your own disclaimer without an attorney's assistance, you can do so and file it with the court clerk.

By continuing to use FreeAdvice. Helping 20 Million Americans a Year for 20 Years. Find Attorney. Create Legal Documents. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion.

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