New Jersey Disclaimer and Quitclaim of Interest in Mineral / Royalty Interest
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FAQ
The New Jersey Inheritance Tax and Estate Tax statutes do not allow property owned by, or in the name of, a resident decedent to be transferred without written consent ? in the form of a tax waiver ? from the Director of the Division of Taxation.
3B:9-3 sets forth the following requirements that must be satisfied in order to have a valid disclaimer of a testamentary transfer or of an interest in an intestate estate: (1) it must be in writing, signed and acknowledged by the disclaimant (i.e., the person disclaiming); (2) it must describe the property or interest ...
A disclaimer shall be in writing, signed and acknowledged by the person disclaiming, and shall: (1) Describe the property, interest, power or discretion disclaimed; (2) If the property interest disclaimed is real property, identify the municipality and county in which the real property is situated; and (3) Declare the ...
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.
Transfer property in New Jersey quickly and easily using this simple legal form. You can use a quitclaim deed to: transfer property to or from a revocable living trust. transfer property to one spouse as part of a divorce.
Form L-8 ? Affidavit for Non-Real Estate Investments: Resident Decedents. Use this form for release of: ? New Jersey bank accounts; ? Stock in New Jersey corporations; ? Brokerage accounts; and ? New Jersey investment bonds. This form cannot be used for real estate.
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, ...
