This is a Renunciation and Disclaimer of Property received by the beneficiary. The beneficiary has received an interest in the property described in the will of the decedent. Pursuant to the Alabama Code, Title 43, Chap. 8, Article 11, the beneficiary has chosen to exercise his/her right to disclaim the entire interest or a partial interest in the described property. The form also contains a state specific acknowledgment and a certificate to verify delivery.
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Alabama renuncia y renuncia de propiedad de testamento por testado
Propiedad Testamento - Alabama Renunciation and Disclaimer of Property from Will by Testate
State:
Alabama
Control #:
AL-01-03
Format:
Word
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Una vez que el heredero que se niega a firmar la herencia reciba la interpelacion notarial, deberA¡ de contestar en el plazo de un mes, indicando si acepta la herencia o la rechaza.El Notario le indicarA¡, ademA¡s, que si no manifestare su voluntad en dicho plazo se entenderA¡ aceptada la herencia pura y simplemente.
Una vez que el heredero que se niega a firmar la herencia reciba la interpelacion notarial, deberA¡ de contestar en el plazo de un mes, indicando si acepta la herencia o la rechaza.El Notario le indicarA¡, ademA¡s, que si no manifestare su voluntad en dicho plazo se entenderA¡ aceptada la herencia pura y simplemente.
¿ QuA© necesito para hacer el trA¡mite?CA©dula de identidad de quien realiza la solicitud.Formulario de solicitud de posesiA³n efectiva llenado con la informaciA³n correspondiente (si realiza el trA¡mite en una oficina).Formulario NA° 4.423 del Servicio de Impuestos Internos (SII).28 Jan 2022
Con todo esto en mente, tenemos que la herencia (bien sea la parte de la legitima o el legado), en caso de que se encuentre en posesiA³n de otra persona, se puede reclamar durante: 5 aA±os: si son pagos periA³dicos. 6 aA±os: si son bienes muebles. 30 aA±os: si son bienes inmuebles.
El heredero renuente a firmar el acuerdo recibira la interpelaciA³n notarial, misma a la tendrA¡ que dar respuesta en un plazo no mayor a un mes (30 dAas naturales), seA±alando si rechaza la herencia o si la acepta.En el argot jurAdico es un requerimiento que el notario hace al heredero.
En ultima instancia estA¡n los casos de que, tras un largo periodo de desapariciA³n de un heredero, la familia decida darlo por fallecido. Este trA¡mite, a realizarse en el juzgado del Aºltimo domicilio conocido, consiste en la fijaciA³n judicial de la fecha en la que se estima que la persona ha fallecido.
- Instrucciones Tramite en Sucursal DirAjase a la oficina del Conservador de Bienes RaAces de Santiago, ubicada en MorandA© 440, Santiago. Horario de atenciA³n: de lunes a viernes, de a horas. Explique el motivo de su visita: solicitar una inscripciA³n de posesiA³n efectiva. Pague el valor del documento.
De entrada el articulo 1005 del CA³digo Civil seA±ala:De manera que si uno de los llamados no acepta ni repudia, tienen la posibilidad de acudir al Notario para que le interpele mediante un acta de notificaciA³n y requerimiento de las previstas en los artAculos 202 y siguientes del Reglamento Notarial.
El no aceptar esa copia, asi como cualquier resistencia activa o pasiva, no afecta a la validez del requerimiento (art 203 RN), por lo que lo que se estA¡ es cometiendo el grave error de arriesgarse a responder con su propio patrimonio de todas las deudas del causante.
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Las leyes del estado en el distrito con el cual la iglesia tiene relación. Elaborada por la Oficina de Propiedad Intelectual del Reino Unido.Equilibrio y el respeto por los involucrados en la administración de la justicia". Proceso científico, complemente absorbida por el Estado? 3 Privilegio terapéutico. 3. Ejecución forzada del contrato como factor que denota el desarrollo económico. Salían a concurso ante la renuncia o muerte del titular.
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Law summary
Alabama renuncia y renuncia de propiedad de testamento por testado
Code of Alabama
Title 43 WILLS AND DECEDENTS' ESTATES.
Chapter 8 PROBATE CODE.
Article 11 Uniform Disclaimer of Property Interests.
Short title.
This article may be cited as the Alabama Uniform Disclaimer of Property Interests Act.
Title 43, Chap. 8, Article 11, Section 43-8-290
Right to disclaim interest in property.
(a) A person, or the representative of a deceased, incapacitated person, protected person, incompetent or ward, who is an heir, next of kin, devisee, legatee, grantee, donee, surviving joint tenant, person succeeding to a disclaimed interest, beneficiary under a testamentary or nontestamentary instrument or contract, or appointee under a power of appointment exercised by a testamentary or nontestamentary instrument, or to whom any property or interest therein devolves, by whatever means, may disclaim in whole or in part the right of succession to any property or interest therein by delivering or filing a written disclaimer under this article.
(b) A surviving joint tenant may disclaim as a separate interest any property or interest therein devolving to him by right of survivorship. A surviving joint tenant may disclaim the entire interest in any property or interest therein that is the subject of a joint tenancy devolving to him, if the joint tenancy was created by act of a deceased joint tenant, if the survivor did not join in creating the joint tenancy.
(c) The right to disclaim exists notwithstanding any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction. Title 43, Chap. 8, Article 11, Section 43-8-291
Filing and delivery of disclaimer.
(a) Except as provided in subsection (c) of this section, if the property or interest has devolved to the disclaimant under a testamentary instrument or by the laws of intestacy, the disclaimer shall be filed, as to a present interest, not later than nine months after the death of the deceased owner or deceased donee of a power of appointment and, if of a future interest, not later than nine months after the event determining that the taker of the property or interest has become finally ascertained and his interest is indefeasibly vested. The disclaimer shall be filed in the probate court of the county in which proceedings for the administration of the estate of the deceased owner or deceased donee of the power have been commenced or, if they have not been commenced, in which they could be commenced. A copy of the disclaimer shall be delivered in person or mailed by registered or certified mail to any personal representative or other fiduciary of the decedent or donee of the power.
(b) Except as provided in subsection (c) of this section, if the property or interest has devolved to the disclaimant under a nontestamentary instrument or contract, the disclaimer shall be delivered or filed, as to a present interest, not later than nine months after the effective date of the nontestamentary instrument or contract and, as to a future interest, not later than nine months after the event determining that the taker of the property or interest has become finally ascertained and his interest is indefeasibly vested. If the person entitled to disclaim does not have actual knowledge of the existence of the interest, the disclaimer shall be delivered or filed not later than nine months after he has actual knowledge of the existence of the interest. The effective date of a revocable instrument or contract is the date on which the maker no longer has power to revoke it or to transfer to himself or another the entire legal and equitable ownership of the interest. The disclaimer or a copy thereof shall be delivered in person or mailed by registered or certified mail to the trustee or other person who has legal title to, or possession of, the interest disclaimed.
(c) In any case, as to a transfer creating an interest in the disclaimant made after December 31, 1976, and subject to tax under chapter 11, 12, or 13 of the Internal Revenue Code of 1954, as amended, a disclaimer intended as a qualified disclaimer thereunder must specifically so state and must be delivered not later than nine months after the later of the date the transfer is made or the day on which the person disclaiming attains age 21.
(d) If real property or an interest therein is disclaimed, a copy of the disclaimer instrument may be filed for record in the office of the probate judge of the county in which the property or interest disclaimed is located. Title 43, Chap. 8, Article 11, Section 43-8-292
Form of disclaimer.
The disclaimer shall:
(1) Be in writing;
(2) Describe the property or interest disclaimed;
(3) Declare the disclaimer and extent thereof; and
(4) Be signed by the disclaimant. Title 43, Chap. 8, Article 11, Section 43-8-293
Effect of disclaimer.
(a) If the property or interest devolved to a disclaimant under a testamentary instrument or under the laws of intestacy and the deceased owner or donee of a power of appointment has not provided for another disposition, it devolves as if the disclaimant had predeceased the decedent or, if the disclaimant was designated to take under a power of appointment exercised by a testamentary instrument, as if the disclaimant had predeceased the donee of the power. Any 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 died before the event determining that the taker of the property or interest had become finally ascertained and his interest is indefeasibly vested. A disclaimer relates back for all purposes to the date of death of the decedent, or of the donee of the power, or the determinative event, as the case may be.
(b) If the property or interest devolved to a disclaimant under a nontestamentary instrument or contract and the instrument or contract does not provide for another disposition:
(1) It devolves as if the disclaimant had died before the effective date of the instrument or contract; and
(2) 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 event determining that the taker of the property or interest had become finally ascertained and his interest indefeasibly vested.
A disclaimer relates back for all purposes to the effective date of the instrument or contract or the date of the determinative event, as the case may be. (c) The disclaimer or the written waiver of the right to disclaim is binding upon the disclaimant or person waiving and all persons claiming through or under him. Title 43, Chap. 8, Article 11, Section 43-8-294
Waiver and bar.
The right to disclaim property or an interest therein is barred by:
(1) An assignment, conveyance, encumbrance, pledge, or transfer of the property or interest, or a contract therefor;
(2) A written waiver of the right to disclaim;
(3) An acceptance of the property or interest or a benefit thereunder; or
(4) A sale of the property or interest under judicial sale made before the disclaimer is effected. Title 43, Chap. 8, Article 11, Section 43-8-295
Remedy not exclusive.
This article does not abridge the right of a person to waive, release, disclaim, or renounce property or an interest therein under any other statute.
Title 43, Chap. 8, Article 11, Section 43-8-296
Uniformity of application and construction.
This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. It is the intent of the legislature of the state of Alabama by this article to clarify the laws of this state with respect to the subject matter hereof in order to ensure the ability of persons to disclaim interests in property without the imposition of federal and state estate, inheritance, gift and transfer taxes. This article is to be interpreted and construed in accordance with, and in furtherance of, that intent.
Title 43, Chap. 8, Article 11, Section 43-8-297
Applicability of article.
An interest in property that exists on the effective date of this article as to which, if a present interest, the time for delivering or filing a disclaimer under this article has not expired or, if a future interest, the interest has not become indefeasibly vested or the taker finally ascertained, may be disclaimed within nine months after the effective date of this article.
Title 43, Chap. 8, Article 11, Section 43-8-298
Legal definition
Alabama renuncia y renuncia de propiedad de testamento por testado
Code of Alabama
Title 43 WILLS AND DECEDENTS' ESTATES.
Chapter 8 PROBATE CODE.
Article 11 Uniform Disclaimer of Property Interests.
Short title.
This article may be cited as the Alabama Uniform Disclaimer of Property Interests Act.
Title 43, Chap. 8, Article 11, Section 43-8-290
Right to disclaim interest in property.
(a) A person, or the representative of a deceased, incapacitated person, protected person, incompetent or ward, who is an heir, next of kin, devisee, legatee, grantee, donee, surviving joint tenant, person succeeding to a disclaimed interest, beneficiary under a testamentary or nontestamentary instrument or contract, or appointee under a power of appointment exercised by a testamentary or nontestamentary instrument, or to whom any property or interest therein devolves, by whatever means, may disclaim in whole or in part the right of succession to any property or interest therein by delivering or filing a written disclaimer under this article.
(b) A surviving joint tenant may disclaim as a separate interest any property or interest therein devolving to him by right of survivorship. A surviving joint tenant may disclaim the entire interest in any property or interest therein that is the subject of a joint tenancy devolving to him, if the joint tenancy was created by act of a deceased joint tenant, if the survivor did not join in creating the joint tenancy.
(c) The right to disclaim exists notwithstanding any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction. Title 43, Chap. 8, Article 11, Section 43-8-291
Filing and delivery of disclaimer.
(a) Except as provided in subsection (c) of this section, if the property or interest has devolved to the disclaimant under a testamentary instrument or by the laws of intestacy, the disclaimer shall be filed, as to a present interest, not later than nine months after the death of the deceased owner or deceased donee of a power of appointment and, if of a future interest, not later than nine months after the event determining that the taker of the property or interest has become finally ascertained and his interest is indefeasibly vested. The disclaimer shall be filed in the probate court of the county in which proceedings for the administration of the estate of the deceased owner or deceased donee of the power have been commenced or, if they have not been commenced, in which they could be commenced. A copy of the disclaimer shall be delivered in person or mailed by registered or certified mail to any personal representative or other fiduciary of the decedent or donee of the power.
(b) Except as provided in subsection (c) of this section, if the property or interest has devolved to the disclaimant under a nontestamentary instrument or contract, the disclaimer shall be delivered or filed, as to a present interest, not later than nine months after the effective date of the nontestamentary instrument or contract and, as to a future interest, not later than nine months after the event determining that the taker of the property or interest has become finally ascertained and his interest is indefeasibly vested. If the person entitled to disclaim does not have actual knowledge of the existence of the interest, the disclaimer shall be delivered or filed not later than nine months after he has actual knowledge of the existence of the interest. The effective date of a revocable instrument or contract is the date on which the maker no longer has power to revoke it or to transfer to himself or another the entire legal and equitable ownership of the interest. The disclaimer or a copy thereof shall be delivered in person or mailed by registered or certified mail to the trustee or other person who has legal title to, or possession of, the interest disclaimed.
(c) In any case, as to a transfer creating an interest in the disclaimant made after December 31, 1976, and subject to tax under chapter 11, 12, or 13 of the Internal Revenue Code of 1954, as amended, a disclaimer intended as a qualified disclaimer thereunder must specifically so state and must be delivered not later than nine months after the later of the date the transfer is made or the day on which the person disclaiming attains age 21.
(d) If real property or an interest therein is disclaimed, a copy of the disclaimer instrument may be filed for record in the office of the probate judge of the county in which the property or interest disclaimed is located. Title 43, Chap. 8, Article 11, Section 43-8-292
Form of disclaimer.
The disclaimer shall:
(1) Be in writing;
(2) Describe the property or interest disclaimed;
(3) Declare the disclaimer and extent thereof; and
(4) Be signed by the disclaimant. Title 43, Chap. 8, Article 11, Section 43-8-293
Effect of disclaimer.
(a) If the property or interest devolved to a disclaimant under a testamentary instrument or under the laws of intestacy and the deceased owner or donee of a power of appointment has not provided for another disposition, it devolves as if the disclaimant had predeceased the decedent or, if the disclaimant was designated to take under a power of appointment exercised by a testamentary instrument, as if the disclaimant had predeceased the donee of the power. Any 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 died before the event determining that the taker of the property or interest had become finally ascertained and his interest is indefeasibly vested. A disclaimer relates back for all purposes to the date of death of the decedent, or of the donee of the power, or the determinative event, as the case may be.
(b) If the property or interest devolved to a disclaimant under a nontestamentary instrument or contract and the instrument or contract does not provide for another disposition:
(1) It devolves as if the disclaimant had died before the effective date of the instrument or contract; and
(2) 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 event determining that the taker of the property or interest had become finally ascertained and his interest indefeasibly vested.
A disclaimer relates back for all purposes to the effective date of the instrument or contract or the date of the determinative event, as the case may be. (c) The disclaimer or the written waiver of the right to disclaim is binding upon the disclaimant or person waiving and all persons claiming through or under him. Title 43, Chap. 8, Article 11, Section 43-8-294
Waiver and bar.
The right to disclaim property or an interest therein is barred by:
(1) An assignment, conveyance, encumbrance, pledge, or transfer of the property or interest, or a contract therefor;
(2) A written waiver of the right to disclaim;
(3) An acceptance of the property or interest or a benefit thereunder; or
(4) A sale of the property or interest under judicial sale made before the disclaimer is effected. Title 43, Chap. 8, Article 11, Section 43-8-295
Remedy not exclusive.
This article does not abridge the right of a person to waive, release, disclaim, or renounce property or an interest therein under any other statute.
Title 43, Chap. 8, Article 11, Section 43-8-296
Uniformity of application and construction.
This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. It is the intent of the legislature of the state of Alabama by this article to clarify the laws of this state with respect to the subject matter hereof in order to ensure the ability of persons to disclaim interests in property without the imposition of federal and state estate, inheritance, gift and transfer taxes. This article is to be interpreted and construed in accordance with, and in furtherance of, that intent.
Title 43, Chap. 8, Article 11, Section 43-8-297
Applicability of article.
An interest in property that exists on the effective date of this article as to which, if a present interest, the time for delivering or filing a disclaimer under this article has not expired or, if a future interest, the interest has not become indefeasibly vested or the taker finally ascertained, may be disclaimed within nine months after the effective date of this article.
Title 43, Chap. 8, Article 11, Section 43-8-298
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