Renuncia y Deslinde de Bienes recibidos por Sucesión Intestada
Disclaimer of Property Interest-Wisconsin
Wisconsin Statutes
Probate
CHAPTER 854 - TRANSFERS AT DEATH
GENERAL RULES
Disclaimer.
Chap. 854, §854.13
(1) Definitions. In this section:
(a) "Beneficiary under a governing instrument" includes
any person who receives or might receive property under the terms or legal
effect of a governing instrument.
(2) Right to disclaim.
(a) In general. A person who is an heir, recipient
of property or beneficiary under a governing instrument, donee of a power
created by a governing instrument, appointee under a power exercised by
a governing instrument, taker in default under a power created by a governing
instrument or person succeeding to disclaimed property may disclaim any
property, including contingent or future interests or the right to receive
discretionary distributions, by delivering a written instrument of disclaimer
under this section.
(b) Joint tenants. Upon the death of a joint tenant,
a surviving joint tenant may disclaim any property that would otherwise
accrue to him or her by right of survivorship and that is the subject of
the joint tenancy by delivering a written instrument of disclaimer under
this section.
(c) Survivorship marital property. Upon the death
of a spouse, the surviving spouse may disclaim the decedent spouse's interest
in survivorship marital property.
(d) Partial disclaimer. Property may be disclaimed
in whole or in part, except that a partial disclaimer of property passing
by a governing instrument or by the exercise of a power may not be made
if partial disclaimer is expressly prohibited by the governing instrument
or by the instrument exercising the power.
(e) Spendthrift provision. The right to disclaim
exists notwithstanding any limitation on the interest of the disclaimant
in the nature of a spendthrift provision or similar restriction.
(f) Disclaimer by guardian or conservator. A guardian
of the estate or a conservator appointed under ch. 880 may disclaim on
behalf of his or her ward, with court approval, if the ward is entitled
to disclaim under this section.
(g) Disclaimer by agent under power of attorney. An agent
under a power of attorney may disclaim on behalf of the person who granted
the power of attorney if all of the following apply:
(h) After death. A person's right to disclaim survives
the person's death and may be exercised by the person's personal representative
or special administrator upon receiving approval from the court having
jurisdiction of the person's estate after hearing upon notice to all persons
interested in the disclaimed property, if the personal representative or
special administrator has not taken any action which would bar the right
to disclaim under sub. (11).
(3) Instrument of disclaimer. The instrument of
disclaimer shall do all of the following:
(4) Time for effective disclaimer.
(a) Present interest. An instrument disclaiming
a present interest shall be executed and delivered not later than 9 months
after the effective date of the transfer under the governing instrument.
For cause shown, the period may be extended by a court of competent jurisdiction,
either within or after the 9-month period, for such additional time as
the court considers just.
(b) Future interest. An instrument disclaiming a
future interest shall be executed and delivered not later than 9 months
after the event that determines that the taker of the property is finally
ascertained and his or her interest indefeasibly fixed. For cause shown,
the period may be extended by a court of competent jurisdiction, either
within or after the 9-month period, for such additional time as the court
considers just.
(c) Future right to income or profits. Notwithstanding
pars. (a) and (b), an instrument disclaiming the future right to receive
mandatory distributions of income or profits from any source may be executed
and delivered at any time.
(d) Persons under 21. Notwithstanding pars. (a)
and (b), a person under 21 years of age may disclaim at any time not later
than 9 months after the date on which the person attains 21 years of age.
(e) Interests arising by disclaimer. Notwithstanding
pars. (a) and (b), a person whose interest in property arises by disclaimer
or by default of exercise of a power created by a governing instrument
may disclaim at any time not later than 9 months after the day on which
the prior instrument of disclaimer is delivered, or the date of death of
the donee of the power.
(5) Delivery and filing of disclaimer.
(a) Delivery. In addition to any requirements imposed
by the governing instrument, the instrument of disclaimer is effective
only if, within the time specified under sub. (4), it is delivered to and
received by any of the following:
