Maine Renunciation and Disclaimer of Interest in Life Insurance Proceeds

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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

It is an action taken by the beneficiary of an estate or trust to formally give up their right to receive or take a beneficial interest in an asset (or assets) to which they would otherwise be entitled from an estate or trust. A beneficiary can disclaim all or a portion of anything they are earmarked to receive.

If someone does not wish to receive a specific inheritance, they can disclaim it. However, what happens if the person is a minor? It is up to the parents to disclaim the inheritance on the minor's behalf.

Unlike other types of trusts, a disclaimer trust may not give the surviving spouse a ?power of appointment? since the disclaimant may not have certain powers over disclaimed assets.

Common reasons for disclaiming an inheritance include not wishing to pay taxes on the assets or ensuring that the inheritance goes to another beneficiary?for example, a grandchild. Specific IRS requirements must be followed in order for a disclaimer to be qualified under federal law.

The disclaimer must be in writing and submitted to the court overseeing the disposition of the estate within a legally specified time period, which is usually nine months after the death of the person from whom the disclaiming party stands to inherit, or twelve months after the creation of a trust by a living person.

Listed below are some of the non-probate assets available in Maine. Any property in a living trust. Life insurance policies. 401(k)s, IRAs, other retirement accounts. Securities in transfer-on-death accounts. Pay-on-death bank accounts. Joint tenancy real property.

In Maine, if an estate is worth no more than $40,000, it is considered a ?small estate.? Small estates can be wrapped up quickly by filing a document called a ?Small Estate Affidavit.? This is usually a simple process, but there are some legal steps that must be taken before you can wrap up a small estate.

Key Takeaways. Disclaim, in a legal sense, refers to the renunciation of an interest in inherited assets, such as property, by way of a legal instrument. A person disclaiming an interest, right, or obligation is known as a disclaimant.

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Maine Renunciation and Disclaimer of Interest in Life Insurance Proceeds