Chicago Illinois Renunciation and Disclaimer of Real Property Interest

State:
Illinois
City:
Chicago
Control #:
IL-02-03
Format:
Word; 
Rich Text
Instant download

Description

This form is a Renunciation and Disclaimer of a Real Property Interest by the beneficiary. The beneficiary has gained an interest in the described real property due to the death of the decedent. Pursuant to the Illinois Compiled Statutes, Chapter 75, Article 2, the beneficiary has chosen to disclaim his/her interest in the real property. The real property will devolve to others as though the beneficiary predeceased the decedent. The form also contains a state specific acknowledgment and a certificate to verify delivery.
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FAQ

In the context of a contract, a renunciation occurs when one party, by words or conduct, evinces an intention not to perform, or expressly declares that they will be unable to perform their obligations under the contract in some essential respect. The renunciation may occur before or at the time of performance.

§ 19?1502. (3) ?Disclaimer? means the refusal to accept an interest in or power over property. (4) ?Fiduciary? means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person.

A disclaimer trust is an estate planning technique in which a married couple incorporates an irrevocable trust in their planning, which is funded only if the surviving spouse chooses to ?disclaim,? or refuse to accept, the outright distribution of certain assets following the deceased spouse's death.

How to Make a Disclaimer Put the disclaimer in writing. Deliver the disclaimer to the person in control of the estate?usually the executor or trustee. Complete the disclaimer within nine months of the death of the person leaving the property.Do not accept any benefit from the property you're disclaiming.

If you are asked to sign a Disclaimer Deed proceed with caution. If you are told ?it's not a big deal? -think again! If you're the one signing a Disclaimer Deed to real property here's the deal: You affirmatively state that you have NO interest in the real property and NEVER had an interest in the real property.

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.

Disclaiming means that you give up your rights to receive the inheritance. If you choose to do so, whatever assets you were meant to receive would be passed along to the next beneficiary in line.

A qualified disclaimer is a refusal to accept property that meets the provisions set forth in the Internal Revenue Code (IRC) Tax Reform Act of 1976, allowing for the property or interest in property to be treated as an entity that has never been received.

There are instances in which a person may lose his or her right to disclaim property....How to refuse an inheritance Specifies the item that is being disclaimed. Bears the signature of the heir or his or her representative. Is delivered to the transferor or other appropriate party.

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Chicago Illinois Renunciation and Disclaimer of Real Property Interest