North Carolina Renunciation and Disclaimer of Interest in Life Insurance Proceeds

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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

BENEFICIARY INTERESTS -A power of appointment created by will or trust agreement is essentially a limited and specialized form of gift; as such, it should be subject to renunciation in the same manner as any other bequest, devise, or gift in trust.

If you have recently received an inheritance, you may be able to redirect all or part of that inheritance to other people. This can be achieved through a Deed of Variation. You can redirect your inheritance to anyone you want.

Disclaim, in a legal sense, means to give up a legal claim, obligation or right to something.

Phrase. A proposed executor of a will who refuses to act. Sometimes when a testator dies an executor will not wish to accept appointment. The executor has to tell the Probate Registry about it in writing. The executor of the will refused to accept the appointment and told them he was renouncing probate.

In the law of inheritance, wills and trusts, a disclaimer of interest (also called a renunciation) is an attempt by a person to renounce their legal right to benefit from an inheritance (either under a will or through intestacy) or through a trust.

To avoid subjecting the assets to creditors in case the primary beneficiary is involved in a lawsuit or bankruptcy proceeding. To benefit another family member?for example, a college-age grandchild who could use an inherited car.

The written disclaimer must be delivered to the transferor's legal representative, such as the executor of an estate, and in North Carolina to the probate court, within nine months after the transferor's death, with the exception of a disclaimer by a minor disclaimant, which may be made within nine months after the ...

A person may renounce any interest in or power over property, including a power of appointment, even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to renounce.

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North Carolina Renunciation and Disclaimer of Interest in Life Insurance Proceeds