Florida Disclaimer and Quitclaim of Leasehold Interest

State:
Multi-State
Control #:
US-OG-594
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Word; 
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This is a form of Disclaimer and Quit Claim of Leasehold Interest.

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FAQ

739.202, s. 739.203, or s. 739.204, the following rules apply to a disclaimer of an interest in property: (1) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or, if the interest arose under the law of intestate succession, as of the time of the intestate's death.

A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim. A disclaimer shall be unconditional unless the disclaimant explicitly provides otherwise in the disclaimer.

689.25 Failure to disclose homicide, suicide, deaths, or diagnosis of HIV or AIDS infection in an occupant of real property.

695.25 Short form of acknowledgment. ?The forms of acknowledgment set forth in this section may be used, and are sufficient for their respective purposes, under any law of this state. The forms shall be known as ?Statutory Short Forms of Acknowledgment? and may be referred to by that name.

§ 739.204. If a trustee having the power to disclaim under the instrument creating the fiduciary relationship or pursuant to court order disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.

Florida Statute 744.474 allows a court appointed guardian to be removed for any of the following twenty-one (21) reasons: Fraud in obtaining her or his appointment. Failure to discharge her or his duties. Abuse of her or his powers.

The writing must be signed by the person making the disclaimer; it must be witnessed in the same manner as required for a real estate deed in Florida; and. The original signed disclaimer must be delivered to the personal representative of the estate (or the trustee of the trust).

(2) This section shall not prohibit any court of competent jurisdiction from requiring support for a dependent person beyond the age of 18 years when such dependency is because of a mental or physical incapacity which began prior to such person reaching majority or if the person is dependent in fact, is between the ...

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Florida Disclaimer and Quitclaim of Leasehold Interest