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South Carolina Renunciation and Disclaimer of Interest in Life Insurance Proceeds

Category:
Insurance - Renunciation and Disclaimers
State:
Multi-State
Control #:
US-01697BG
Format:
Word; 
Rich Text
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Description

Disclaimers are used by those who receive property as heirs or legatees in an estate, or by beneficiaries of a non-testamentary transfer of property at death; for example, the beneficiaries of a life insurance policy. A disclaimer is simply a declaration by the person entitled to property that the interest in that property is disclaimed or renounced. A disclaimer allows the disclaiming heir or beneficiary to disclaim an interest in such a fashion that the right to the property that is disclaimed is treated as if it never existed.


The Uniform Disclaimers of Property Interests Act (which has been adopted by a number of states) provides the authority to make disclaimers, what interests may be disclaimed, the time when disclaimers are effective, and the effect on the distribution of the disclaimed property interests.

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FAQ

In South Carolina, you can use an Affidavit if an estate value is less than $25,000. You must wait 30 days after the death, and a probate judge will need to approve it. There is also potential to use a summary probate procedure, which is a possibility when an estate value is less than $25,000.

SECTION 62-2-101. Intestate estate. Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this Code.

Ing to Florida Statute 732.515 and South Carolina Probate Code Section 62-2-512, you may dispose of any item of tangible personal property by a memo prepared by you, separate from your Will.

The disclaimer must be in writing and include a description of the interest, a declaration of intent to disclaim all or a defined portion of the interest, and be signed by the disclaimant (S.C. Code Ann. 62-2-801 (c) (3)).

BENEFICIARY INTERESTS -A power of appointment created by will or trust agreement is essentially a limited and specialized form of gift; as such, it should be subject to renunciation in the same manner as any other bequest, devise, or gift in trust.

A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title (as defined in Section 36-1-201(15)), securities (as defined in Section 36-8-102(1)(A)), and property used ...

If you die survived by a spouse, but have no children, your spouse inherits 100% of your estate. If you die survived by a spouse and children, your spouse gets 50% of your estate and your children get and divide 50% of your estate in equal shares.

SECTION 62-2-202. Probate estate. (a) For purposes of this Part, probate estate means the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy, reduced by funeral and administration expenses and enforceable claims.

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