North Dakota Disclaimer of Interest in Land (In Easement)
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How to fill out Disclaimer Of Interest In Land (In Easement)?
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FAQ
The Internal Revenue Service (IRS) defines a qualified disclaimer as an irrevocable and unqualified refusal by a person to accept an interest in property.
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.
N.D. Cent. Code § 47-02-27.1 A contingent property interest is invalid unless: a. When the interest is created, it is certain to vest or terminate no later than twenty-one years after the death of an individual then alive; or b. The interest either vests or terminates within ninety years after its creation.
A disclaimer of interest is, essentially, a written statement to the probate court where someone who stands to inherit property or assets states that they do not wish to exercise that inheritance.
For example, in her will a decedent leaves $500,000 to her nephew if he survives her, but if he does not survive her, this amount passes to her nephew's children who survive the decedent. If the nephew disclaims the property, it passes to his children who survive the decedent.
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.
