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Ing to the Illinois Probate Act ? Right to Disclaim Interest in Property ? an heir has the right to refuse either part or all of the inheritance outlined in the will but must do so by filing a written document that includes the following: Specifies the item that is being disclaimed.
The disclaimer must be in writing: A signed letter by the person doing the disclaiming, identifying the decedent, describing the asset to be disclaimed, and the extent and amount, percentage or dollar amount, to be disclaimed, must be delivered to the person in control of the estate or asset, such as an executor, ...
(b) In order to renounce a will, the testator's surviving spouse must file in the court in which the will was admitted to probate a written instrument signed by the surviving spouse and declaring the renunciation.
What Is An Illinois Disclaimer of Interest? be received no later than 9 months after the transfer is made or the date of death. be in writing. declared a disclaimer. signed by the disclaimant or a legally authorized representative. describe the disclaimed property.
It states: Person convicted of or found civilly liable for certain offenses against the elderly or a person with a disability ? may not receive any property, benefit, last will and testament, beneficiary of a trust or other interest by reason of the death of the victim of that offense.
§ 2-7. Disclaimer. (a) Right to Disclaim Interest in Property. A person to whom any property or interest therein passes, by whatever means, may disclaim the property or interest in whole or in part by delivering or filing a written disclaimer as hereinafter provided.
This disclaimer should be signed, notarized, and filed with the probate court and/or the executor of the last will and testament in a timely manner. The IRS time frame is within nine months of the death of the decedent?or if the disclaiming beneficiary is a minor, after they reach age 21.
Spouse and descendants: If the decedent dies leaving both a spouse and descendants half the decedent's assets go to the spouse and half to the descendants, per stirpes. Descendants only: If the decedent dies leaving only descendants, all assets go to descendants, per stirpes.