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Maryland Renunciation and Disclaimer of Property received by Intestate Succession

State:
Maryland
Control #:
MD-05-03
Format:
Word; 
Rich Text
Instant download

Description

This form is a Renunciation and Disclaimer of Property acquired by the beneficiary through intestate succession. The decedent died intestate (without a will) and the beneficiary gained an interest in the described property. However, pursuant to the Maryland Code, Article 9, the beneficiary has decided to disclaim a portion of or the entire interest in the property. The beneficiary attests that the disclaimer will be filed no later than nine months after the death of the decedent in order to secure the validity of the disclaimer. The form also contains a state specific acknowledgment and a certificate to verify delivery.
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FAQ

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.

A beneficiary is always free to refuse to accept benefits under a trust or a will.The beneficiary may be willing to sign a disclaimer as she does not wish to accept the bequest. The disclaimer would protect you as Trustee from a breach of a fiduciary duty by distributing the assets to a different beneficiary.

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.

Specifically, the IRS requires that: You make your disclaimer in writing.You disclaim the assets within nine months of the death of the person you inherited them from. (Note: There's an exception for minor beneficiaries; they have until nine months after they reach the age of majority to disclaim.)

A beneficiary of a trust may wish to disclaim their interest in the trust for:Any disclaimer of an interest in a trust by a trust beneficiary must be made to the trustee of that trust. For a disclaimer to be valid, it must be supported by some evidence that the beneficiary is disclaiming their interest.

In your disclaimer, cover any and all liabilities for the product or service that you provide. You should warn consumers of any dangers or hazards posed by your product. You should list specific risks while at the same time acknowledging that the list is not exhaustive. For example, you could write, NOTICE OF RISK.

Generally speaking, beneficiaries have a right to see trust documents which set out the terms of the trusts, the identity of the trustees and the assets within the trust as well as the trust deed, any deeds of appointment/retirement and trust accounts.

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,

Usually, a trust prohibits beneficiaries from assigning their interest in the trust before distribution. The anti-assignment provision protects undistributed trust assets from claims by a beneficiary's creditors.

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Maryland Renunciation and Disclaimer of Property received by Intestate Succession