New Mexico 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

Spouses do not automatically inherit all of the property and assets unless there are no other relatives. In most cases, spouses receive half or less of community property and assets.

A beneficiary of a trust may wish to disclaim their interest in the trust for: ? personal or family reasons (acceptance of a distribution might trigger a family dispute); ? possible bankruptcy concerns; and ? relationship breakdown concerns.

Spousal rights after death Typically, they have rights to portions of the departed's assets, irrespective of the will. This is known as the ?elective share.? Joint assets? Usually, they transition directly to the spouse. Plus, pensions and insurances frequently offer inherent safeguards.

If the property is in New Mexico and the owner dies without leaving a will, one-fourth of the property passes to the surviving spouse and three-fourths to the children.

Surviving Spouse Allowances And Exemptions A surviving spouse is also entitled to certain rights and exemptions under New Mexico law. The surviving spouse is entitled to a family allowance of $30,000. NM Stat. 45-2-402.

If there isn't a will, the court will appoint someone, usually an adult child or surviving spouse, to be the executor or personal representative of the deceased. The executor or personal representative takes care of the estate of the decedent and makes sure that it is watched after.

Lastly, ing to the law, after you finalize a disclaimer, you cannot reverse it.

If a decedent had no children and no Will, the surviving spouse receives all of the decedent's separate property. If the decedent had children and no Will, the decedent's children (or their heirs) receive 75% of the separate property, and the surviving spouse receives 25%.

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New Mexico Renunciation and Disclaimer of Interest in Life Insurance Proceeds