Rhode Island Disclaimer Deed

State:
Multi-State
Control #:
US-01994BG
Format:
Word; 
Rich Text
Instant download

Description

A disclaimer deed is a deed in which a spouse disclaims any interest in the real property acquired by the other spouse. A mortgage company often asks a borrower to sign a disclaimer deed so that his spouse not having her name on the loan, cannot claim any interest in the property.

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FAQ

The Internal Revenue Service (IRS) defines a qualified disclaimer as an irrevocable and unqualified refusal by a person to accept an interest in property.

A Rhode Island quit claim deed is a legal document that transfers a property title to a new owner (the "grantee") with a guarantee that the title has not been encumbered during the grantor's ownership period, but not that of previous owners.

For example, in her will a decedent leaves $500,000 to her nephew if he survives her, but if he does not survive her, this amount passes to her nephew's children who survive the decedent. If the nephew disclaims the property, it passes to his children who survive the decedent.

When a person files a disclaimer he can disclaim all or any portion of the inheritance. It is not an ?all or nothing? proposition. For example, if the estate was $500,000, the beneficiary could disclaim $100,000 so that amount would pass to his children. The beneficiary would retain the remaining $400,000.

A disclaimer trust is a type of trust that contains embedded provisions, usually included in a will, allowing a surviving spouse to put specific assets under the trust by disclaiming ownership of a portion of the estate. Disclaimed property interests are then transferred to the trust, without being taxed.

The disclaimer tells the Executor to give their share as if he or she died before the decedent. This may allow for the estate to pass to the grandchildren without any additional tax. In other words, the next level of beneficiaries will inherit the property.

When you disclaim an inheritance, you will not receive the inheritance and it will instead pass onto the next Beneficiary. It is important to note that when you disclaim an inheritance, you do not get to choose who the Beneficiary will be in your place.

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Rhode Island Disclaimer Deed