Houston Texas Spouses' Mutual Disclaimer of Interest in each Other's Property with Provision for Use of Family Residence by one Spouse

State:
Multi-State
City:
Houston
Control #:
US-01993BG
Format:
Word
Instant download

Description

This form is a post-nuptial agreement between husband and wife. A post-nuptial agreement is a written contract executed after a couple gets married, to settle the couple's affairs and assets in the event of a separation or divorce. Like the contents of a prenuptial agreement, it can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce, death of one of the spouses, or breakup of marriage.

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FAQ

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.

As explained above, a disclaimer avoids the gift, so that it never takes effect. In contrast, a renunciation amounts to a disposition of property by the beneficiary. This may have tax consequences.

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.

The disclaimer shall be in writing, and shall be signed by the disclaimant, and shall: (a) Identify the creator of the interest. (b) Describe the interest to be disclaimed. (c) State the disclaimer and the extent of the disclaimer.

A disclaimer is a written refusal to accept the ownership interest in the joint account. If drafted and filed properly, a disclaimer may allow assets in a joint account to pass under the decedent's will or trust.

Jointly owned property is treated as consisting of a both present and a future interest in the jointly owned property. Thus, a surviving spouse may disclaim the future interest in jointly owned property on the death of their spouse, including assets that were held by the spouses as tenants by the entirety.

Often, the disclaimer must be delivered to the executor or other appropriate persons within 9 months of the date of transfer of the property. No disclaimer can be made if the heir has accepted an interest in the transfer of the estate assets.

The regulations provide that if an interest in property passes from a decedent to one other than the surviving spouse in a taxable transfer, and the person makes a qualified disclaimer, and the surviving spouse becomes entitled to such interest in property as a result of the disclaimer, the property is treated as

The written disclaimer must be delivered to the transferor's legal representative, such as the executor of an estate, and in North Carolina to the probate court, within nine months after the transferor's death, with the exception of a disclaimer by a minor disclaimant, which may be made within nine months after the

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Houston Texas Spouses' Mutual Disclaimer of Interest in each Other's Property with Provision for Use of Family Residence by one Spouse