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Illinois Renunciation and Disclaimer of Property from Will by Testate

State:
Illinois
Control #:
IL-01-03
Format:
Word; 
Rich Text
Instant download

Description

This form is a Renunciation and Disclaimer of Property acquired by the beneficiary through the last will and testament of the deceased. The beneficiary has gained an interest in the described property of the decedent. However, pursuant to the Illinois Compiled Statutes, Chapter 75, Article 2, the beneficiary has chosen to disclaim a portion of or the entire interest in the property. The renunciation will relate back to the death of the decedent and will serve as an irrevocable refusal to accept the property. The form also contains a state specific acknowledgment and a certificate to verify delivery.
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FAQ

The beneficiary can disclaim only a portion of an inherited IRA or asset, allowing some to flow to the contingent beneficiary(s). Partial disclaiming is either a specific dollar or percentage amount as of the date of death.The balance will go to the next beneficiary(s).

Put the disclaimer in writing. Deliver the disclaimer to the person in control of the estate usually the executor or trustee. Complete the disclaimer within nine months of the death of the person leaving the property. Do not accept any benefit from the property you're disclaiming.

Disclaim the asset within nine months of the death of the assets' original owner (one exception: if a minor beneficiary wishes to disclaim, the disclaimer cannot take place until after the minor reaches the age of majority, at which time they will have nine months to disclaim the assets).

The answer is yes. The technical term is "disclaiming" it. If you are considering disclaiming an inheritance, you need to understand the effect of your refusalknown as the "disclaimer"and the procedure you must follow to ensure that it is considered qualified under federal and state law.

Yes, a fiduciary can disclaim an interest in property if the will, trust or power of attorney gives the fiduciary that authority or if the appropriate probate court authorizes the disclaimer.The primary reason an executor or trustee might disclaim property passing to an estate or trust is to save death taxes.

You can head off an inheritance by renouncing or disclaiming it. This involves notifying the executor or personal representative of the estate the individual charged with guiding it through the probate process and settling it that you don't want the gift. You must do so in writing, and it's an irrevocable decision.

Put the disclaimer in writing. Deliver the disclaimer to the person in control of the estate usually the executor or trustee. Complete the disclaimer within nine months of the death of the person leaving the property.

Disclaim Inheritance, DefinitionDisclaiming means that you give up your rights 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.

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Illinois Renunciation and Disclaimer of Property from Will by Testate