This form is a Renunciation and Disclaimer of an Individual Retirement Account, Annuity, or Bond where the beneficiary gained an interest in the proceeds upon the death of the decedent, but, pursuant to the Tennessee Code, Title 31, Chapter 1, will renounce his/her interest in the proceeds. Therefore, the property will pass to others as though the beneficiary predeceased the decedent. The form also contains a state specific acknowledgement and a certificate to verify the delivery of the document.
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Tennessee Renunciation And Disclaimer of Property - Individual...
Tennessee Property Bond For Rental
State:
Tennessee
Control #:
TN-03-03
Format:
Word
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Interesting Questions
A property bond in Tennessee is a type of bond that is used as collateral for someone who has been arrested and needs to be released from custody.
Yes, you can use your rental property as a bond in Tennessee. It means that the property will be used as collateral to secure the defendant's release from jail.
Yes, the rental property must be located in Tennessee in order to be used as a property bond in the state.
No, not everyone can use a property bond for rental in Tennessee. Only individuals who have been arrested and need to post bail are eligible for this type of bond.
If the defendant fails to appear in court after using a property bond, the court may seize the rental property that was used as collateral and take legal action against the defendant.
Yes, you can still collect rent from your rental property even if it is used as a bond. The bond does not affect your rights as a landlord.
A property bond remains in effect until the defendant's court case is resolved or until the court releases the bond.
Yes, a property bond can be transferred to another rental property if the court approves the transfer and all necessary paperwork is completed.
Yes, it is possible to sell your rental property even if it is used as a bond. However, the sale must be approved by the court, and the bond must be satisfied before any proceeds can be received.
If you default on your rental property bond, the court may take legal action to collect the bond amount, and the rental property could be at risk of foreclosure.
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Tennessee Property Bond
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Law summary
Renunciation And Disclaimer of Property - Individual Retirement Account, Annuity, Or Bond
Disclaimer of Property Interest-Tennessee
Tennessee Code
TITLE 31 DESCENT AND DISTRIBUTION
Chapter 1. General Provisions
Disclaimer.
(a) A person who is:
(1) The donee of a gift, whether outright or in trust;
(2) A recipient of property from a decedent's estate;
(3) A recipient of property on the exercise of a power of appointment;
(4) A recipient of property resulting from another person's disclaimer;
(5) A recipient of property resulting from any other type of gratuitous transfer;
(6) A fiduciary holding powers as a fiduciary; or
(7) A beneficiary designated in a pay-on-death account, an insurance policy, an individual retirement account, an annuity, a retirement plan whether qualified or not, or any other type of deferred compensation arrangement; may disclaim all or part of the property, powers or interest therein as provided herein. Such disclaimer may be made by the person's personal representative, trustee, guardian, conservator, attorney in fact or parent having custody if the disclaimant is a minor and no legal guardian has been appointed. If the disclaimer is made by a fiduciary, including, but not limited to, the enumerated positions in the preceding sentence, the disclaimer shall be binding on any successor fiduciary.
(b) To be effective the disclaimer must be an irrevocable and unqualified refusal by a person to accept an interest in property or to retain fiduciary powers but only if:
(1) Such refusal is in writing, which writing shall:
(A) Describe the property or part thereof or interest therein or powers disclaimed;
(B) Be signed by the person disclaiming or such person's representative; and
(C) Declare the disclaimer and the extent thereof.
(2) Such writing is received by the transferor of the interest, the transferor's legal representative, or the holder of the legal title to the property to which the interest relates, and, if the subject of the disclaimer is realty, is filed in the county register's office and, if the disclaimer involves an interest in a decedent's estate, with the court in which the decedent's estate proceedings are or would be pending not later than the date which is nine (9) months after the later of:
(A) The date on which the transfer creating the interest or power in such person is made, or
(B) The day on which such person attains age twenty-one (21).
(3) Such person has not accepted the interest or any of its benefits or exercised the power; and
(4) As a result of such refusal, the interest passes without any direction on the part of the person making the disclaimer and passes either:
(A) To the spouse of the transferor; or
(B) To a person other than the person making the disclaimer.
(c) Unless the decedent has otherwise indicated by will, the interest disclaimed passes to those persons including the ones who would take under § 32-3-105 as if the person disclaiming had predeceased the decedent. Unless the donor of a gift or the creator of a power has otherwise indicated in the document evidencing the gift or creating the power, the interest disclaimed passes as if the person disclaiming had died intestate, or, if the person disclaiming is one designated to take pursuant to a power of appointment, as if the person disclaiming had predeceased the donee of the power. In every case the disclaimer relates back for all purposes to the date of death of the decedent, the date of the gift or the date of death of the donee of a power, as the case may be. If the disclaimer is of a fiduciary power, the power will either be exercisable by some other fiduciary or void.
(d) Any:
(1) Assignment, conveyance, encumbrance, pledge, or transfer of property or an interest therein or any contract therefor;
(2) Written waiver of the right to disclaim or any acceptance of property by an heir, devisee, donee, person succeeding to a disclaimed interest, beneficiary, or person designated to take pursuant to a power of appointment; or
(3) Sale or other disposition of property pursuant to judicial process; made before the expiration of the period in which the person is permitted to disclaim, bars the right to disclaim as to the property.
(e) The right to disclaim granted by this section exists irrespective of any limitation on the interest of the person disclaiming in the nature of a spendthrift provision or similar restriction.
(f) This section does not abridge the right of any person to assign, convey, release, or disclaim any property arising under any other section of this title or any other statute.
(g) Any interest in property which exists on April 1, 1977, at one minute past midnight (12:01 a.m.), but which has not then become indefeasibly fixed both in quality and quantity, or the taker of which has not then become finally ascertained, may be disclaimed after one minute past midnight (12:01 a.m.) on April 1, 1977, as provided herein. An interest which has arisen prior to one minute past midnight (12:01 a.m.) on April 1, 1977, in any person other than the person disclaiming is not destroyed or diminished by any action of the person disclaiming taken under this section.
Title 31, Chap. 1, §31-1-103.
Legal definition
Renunciation And Disclaimer of Property - Individual Retirement Account, Annuity, Or Bond
Disclaimer of Property Interest-Tennessee
Tennessee Code
TITLE 31 DESCENT AND DISTRIBUTION
Chapter 1. General Provisions
Disclaimer.
(a) A person who is:
(1) The donee of a gift, whether outright or in trust;
(2) A recipient of property from a decedent's estate;
(3) A recipient of property on the exercise of a power of appointment;
(4) A recipient of property resulting from another person's disclaimer;
(5) A recipient of property resulting from any other type of gratuitous transfer;
(6) A fiduciary holding powers as a fiduciary; or
(7) A beneficiary designated in a pay-on-death account, an insurance policy, an individual retirement account, an annuity, a retirement plan whether qualified or not, or any other type of deferred compensation arrangement; may disclaim all or part of the property, powers or interest therein as provided herein. Such disclaimer may be made by the person's personal representative, trustee, guardian, conservator, attorney in fact or parent having custody if the disclaimant is a minor and no legal guardian has been appointed. If the disclaimer is made by a fiduciary, including, but not limited to, the enumerated positions in the preceding sentence, the disclaimer shall be binding on any successor fiduciary.
(b) To be effective the disclaimer must be an irrevocable and unqualified refusal by a person to accept an interest in property or to retain fiduciary powers but only if:
(1) Such refusal is in writing, which writing shall:
(A) Describe the property or part thereof or interest therein or powers disclaimed;
(B) Be signed by the person disclaiming or such person's representative; and
(C) Declare the disclaimer and the extent thereof.
(2) Such writing is received by the transferor of the interest, the transferor's legal representative, or the holder of the legal title to the property to which the interest relates, and, if the subject of the disclaimer is realty, is filed in the county register's office and, if the disclaimer involves an interest in a decedent's estate, with the court in which the decedent's estate proceedings are or would be pending not later than the date which is nine (9) months after the later of:
(A) The date on which the transfer creating the interest or power in such person is made, or
(B) The day on which such person attains age twenty-one (21).
(3) Such person has not accepted the interest or any of its benefits or exercised the power; and
(4) As a result of such refusal, the interest passes without any direction on the part of the person making the disclaimer and passes either:
(A) To the spouse of the transferor; or
(B) To a person other than the person making the disclaimer.
(c) Unless the decedent has otherwise indicated by will, the interest disclaimed passes to those persons including the ones who would take under § 32-3-105 as if the person disclaiming had predeceased the decedent. Unless the donor of a gift or the creator of a power has otherwise indicated in the document evidencing the gift or creating the power, the interest disclaimed passes as if the person disclaiming had died intestate, or, if the person disclaiming is one designated to take pursuant to a power of appointment, as if the person disclaiming had predeceased the donee of the power. In every case the disclaimer relates back for all purposes to the date of death of the decedent, the date of the gift or the date of death of the donee of a power, as the case may be. If the disclaimer is of a fiduciary power, the power will either be exercisable by some other fiduciary or void.
(d) Any:
(1) Assignment, conveyance, encumbrance, pledge, or transfer of property or an interest therein or any contract therefor;
(2) Written waiver of the right to disclaim or any acceptance of property by an heir, devisee, donee, person succeeding to a disclaimed interest, beneficiary, or person designated to take pursuant to a power of appointment; or
(3) Sale or other disposition of property pursuant to judicial process; made before the expiration of the period in which the person is permitted to disclaim, bars the right to disclaim as to the property.
(e) The right to disclaim granted by this section exists irrespective of any limitation on the interest of the person disclaiming in the nature of a spendthrift provision or similar restriction.
(f) This section does not abridge the right of any person to assign, convey, release, or disclaim any property arising under any other section of this title or any other statute.
(g) Any interest in property which exists on April 1, 1977, at one minute past midnight (12:01 a.m.), but which has not then become indefeasibly fixed both in quality and quantity, or the taker of which has not then become finally ascertained, may be disclaimed after one minute past midnight (12:01 a.m.) on April 1, 1977, as provided herein. An interest which has arisen prior to one minute past midnight (12:01 a.m.) on April 1, 1977, in any person other than the person disclaiming is not destroyed or diminished by any action of the person disclaiming taken under this section.
Title 31, Chap. 1, §31-1-103.
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