Connecticut Disclaimer Deed

State:
Multi-State
Control #:
US-01994BG
Format:
Word; 
Rich Text
Instant download

Description

A disclaimer deed is a deed in which a spouse disclaims any interest in the real property acquired by the other spouse. A mortgage company often asks a borrower to sign a disclaimer deed so that his spouse not having her name on the loan, cannot claim any interest in the property.

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FAQ

Under Connecticut law, a person can sell or otherwise transfer ownership of his or her home to a relative but retain a life estate, thus allowing the person to remain living in the property until death.

A life estate is a property?usually a residence?that an individual owns and may use for the duration of their lifetime. Called the life tenant, this person shares ownership of the property with a second person.

In Connecticut an owner of real property can can transfer ownership of their property by a quit claim deed of the property to another person(s) and retain a life use, allowing them to continue living in the home until their death. This avoids probate of this real property.

Spouse and children -- spouse takes 1/2 the estate. If the children are also the spouse's, the spouse also takes $100,000. If they are not, spouse only takes 1/2. Whatever remains is divided equally among the children in the same generation.

Disclaiming means that you give up your right to receive the inheritance. If you choose to do so, whatever assets you were meant to receive would be passed along to the next beneficiary in line. It's not typical for people to disclaim inheritance assets.

A disclaimer of interest is, essentially, a written statement to the probate court where someone who stands to inherit property or assets states that they do not wish to exercise that inheritance. They ?disclaim? any right to receive the interest that they otherwise would.

There is no simple way to reverse a life estate because a life estate deed is a legal transfer of the title of a property. This is legally binding and the transaction is complete when the life estate is executed. Essentially, in order to reverse a life estate both parties would need to agree to make it happen.

A qualified disclaimer is a part of the U.S. tax code that allows estate assets to pass to a beneficiary without being subject to income tax. Legally, the disclaimer portrays the transfer of assets as if the intended beneficiary never actually received them.

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Connecticut Disclaimer Deed