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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.
In counties with a metropolitan form of government, the maximum permissible width for an easement or right-of-way is fifteen feet (15').
In addition to reducing federal estate and income taxes, there are a few more reasons why a beneficiary may want to disclaim inherited assets: To avoid receiving undesirable real property, such as an eroding beachfront property or property with high real estate taxes that may take a long time to sell.
Code § 35-15-114. Section 35-15-114 - Real property in trust (a) An estate in real property may be acquired in the name of the trust or in the name of the trustee on behalf of the named trust, and title to real property conveyed by the trust must be conveyed by the trustee, as trustee of the trust.
Unlike assignments, the person disclaiming their interest cannot say who receives the disclaimed interest. A disclaimer is not a gift by the person disclaiming. Lastly, one cannot have accepted any benefits from the property being disclaimed, such as the income from an income producing asset.
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. They ?disclaim? any right to receive the interest that they otherwise would.
Next, disclaimers are used when a beneficiary, or heir, refuses to accept a gift or inheritance. You cannot force someone to receive a gift or an inheritance.
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.