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Kentucky Renunciation and Disclaimer of Real Property Interest

State:
Kentucky
Control #:
KY-03-03
Format:
Word
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Description Disclaimer Property Interest

This form is a Renunciation and Disclaimer of a Real Property Interest. The beneficiary acquired the interest in the real property upon the death of the decedent. However, pursuant to the Kentucky Statutes, Title 34, Chapter 394, the beneficiary wishes to disclaim his/her real property interest. The beneficiary also attests that the disclaimer will relate back to the death of the decedent and is an irrevocable refusal to accept the property. The form also includes a state specific acknowledgment and a certificate to verify delivery.


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FAQ

1a : a denial or disavowal of legal claim : relinquishment of or formal refusal to accept an interest or estate. b : a writing that embodies a legal disclaimer. 2a : denial, disavowal. b : repudiation.

In law, a disclaimer is a statement denying responsibility intended to prevent civil liability arising for particular acts or omissions. Disclaimers are frequently made to escape the effects of the torts of negligence and of occupiers' liability towards visitors.

Disclaim, in a legal sense, refers to the renunciation of an interest in, or an acceptance of, inherited assets, such as property, by way of a legal instrument. A person disclaiming an interest, right, or obligation is known as a disclaimant.

The disclaimer deed is a legal document that has legal consequences. Further, the disclaimer deed will clearly state that the spouse signing it is waiving (disclaiming) any interest in the house being purchased.

What is a Deed of Disclaimer? A Deed of Disclaimer is a document that you can execute if you wish to Disclaim an inheritance due via the Rules of Intestacy and you are not applying for probate. A typical example of this is if a spouse of a deceased would prefer the estate passes to the children.

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.

Any disclaimer of an interest in a trust by a trust beneficiary must be made to the trustee of that trust. For a disclaimer to be valid, it must be supported by some evidence that the beneficiary is disclaiming their interest. Silence or otherwise passive behaviour will not suffice.

Disclaimer of interest, in the law of inheritance, wills and trusts, is a term that describes 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. A disclaimer of interest is irrevocable.

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Kentucky Renunciation and Disclaimer of Real Property Interest