Georgia Renunciation and Disclaimer of Interest in Life Insurance Proceeds

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Multi-State
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US-01697BG
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Description

Disclaimers are used by those who receive property as heirs or legatees in an estate, or by beneficiaries of a non-testamentary transfer of property at death; for example, the beneficiaries of a life insurance policy. A disclaimer is simply a declaration by the person entitled to property that the interest in that property is disclaimed or renounced. A disclaimer allows the disclaiming heir or beneficiary to disclaim an interest in such a fashion that the right to the property that is disclaimed is treated as if it never existed.


The Uniform Disclaimers of Property Interests Act (which has been adopted by a number of states) provides the authority to make disclaimers, what interests may be disclaimed, the time when disclaimers are effective, and the effect on the distribution of the disclaimed property interests.

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FAQ

Disclaiming inherited assets is often done to avoid taxes but also so that other individuals can receive the assets. A disclaimer that does not meet basic requirements under federal and state law could cause adverse consequences for the person disclaiming the assets as well as any subsequent beneficiaries.

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.

In the law of inheritance, wills and trusts, a disclaimer of interest (also called a renunciation) is an attempt by a person to renounce their legal right to benefit from an inheritance (either under a will or through intestacy) or through a trust.

A renunciation must be made by a written instrument that describes the renounced property, declares the renunciation and the extent of it, and is signed by the person making the renunciation. The day on which the person making the renunciation reaches the age of 21.

Many trust agreements include an anti-alienation clause that effectively prevents a beneficiary from selling or encumbering his/her interest in the trust.

A beneficiary of a trust may wish to disclaim their interest in the trust for: ? personal or family reasons (acceptance of a distribution might trigger a family dispute); ? possible bankruptcy concerns; and ? relationship breakdown concerns.

Can a beneficiary refuse a trust distribution. Yes, beneficiaries possess the legal right to decline or refuse any distributions or benefits designated to them from a trust or a will.

To renounce an interest under § 30.180, you must file with the judge a written declaration or Tribal resolution specifying the interest to be renounced. The declaration must be signed by you and acknowledged before a notary or judge. The Tribal resolution must be approved by appropriate Tribal authorities.

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Georgia Renunciation and Disclaimer of Interest in Life Insurance Proceeds