Iowa 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

In Iowa, you can create a revocable living trust to avoid probate for most assets you can own with someone else (real estate, bank accounts, vehicles, etc.). To create a living trust, you need to name a trustor (the person managing the assets) and the trustee (the person benefiting from the assets).

Revocable living trust One of the most common ways to avoid probate is to create a living trust. Through a living trust, the person writing the trust (grantor) must "fund the trust" by putting the assets they choose into it.

If you die with an ownership interest in any property, your estate generally must be probated whether you have a will or not. The court will determine whether your will is valid or determine who is to receive the property if there is no will. Thus, with or without a will you could end up "in court."

When a person files a disclaimer he can disclaim all or any portion of the inheritance. It is not an ?all or nothing? proposition. For example, if the estate was $500,000, the beneficiary could disclaim $100,000 so that amount would pass to his children. The beneficiary would retain the remaining $400,000.

10 tips to avoid probate Give away property. Establish joint ownership for real estate. Joint ownership for other property. Pay-on-death financial accounts. Transfer-on-death securities. Transfer on death for motor vehicles. Transfer on death for real estate. Living trusts.

To be effective, a disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in section 633E.

Most inheritance cases in Iowa will require probate. However, there are a few exceptions, such as having an estate with a value of less than $25,000 that only includes personal property.

The Internal Revenue Service (IRS) defines a qualified disclaimer as an irrevocable and unqualified refusal by a person to accept an interest in property.

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Iowa Disclaimer Deed