Idaho Renunciation and Disclaimer of Property received by Intestate Succession
Idaho Statutes
TITLE 15 UNIFORM PROBATE CODE
CHAPTER 2 INTESTATE SUCCESSION & ; WILLS
PART 8. GENERAL PROVISIONS
Renunciation.
(a)
(1) A person or the representative of an incapacitated
or unascertained person who is an heir, devisee, person succeeding to a
renounced interest, donee, beneficiary under a testamentary or nontestamentary
instrument, donee of a power of appointment, grantee, surviving joint owner
or surviving joint tenant, beneficiary of an insurance contract, person
designated to take pursuant to a power of appointment exercised by a testamentary
or nontestamentary instrument, or otherwise the recipient of any benefit
under a testamentary or nontestamentary instrument, may renounce in whole
or in part, powers, future interests, specific parts, fractional shares
or assets thereof by filing a written instrument within the time and at
the place hereinafter provided.
(2) The instrument shall: (i) describe the property or interest
renounced; (ii) be signed by the person renouncing; and (iii) declare the
renunciation and the extent thereof.
(3) The appropriate court may direct or permit a trustee under a
testamentary or nontestamentary instrument to renounce or to deviate from
any power of administration, management or allocation of benefit upon finding
that exercise of such power may defeat or impair the accomplishment of
the purposes of the trust whether by the imposition of tax or the
allocation of beneficial interest inconsistent with such purposes. Such
authority shall be exercised after hearing and upon notice to all
known persons beneficially interested in such trust or estate, in the manner
provided by this act.
(b) The writing specified in subsection (a) of this section must be
filed within nine (9) months after the transfer or the death of the decedent,
or donee of the power, (whichever is the later) or, if the taker of the
property is not then finally ascertained, not later than nine (9) months
after the event that determines that the taker of the property or interest
is finally ascertained or his interest indefeasibly vested. The writing
must be filed in the court of the county where proceedings concerning the
decedent's estate are pending, or where they would be pending if commenced.
If an interest in real estate is renounced, a copy of the writing may also
be recorded in the office of the recorder in the county in which said real
estate lies. A copy of the writing also shall be delivered in person or
mailed by registered or certified mail to the personal representative of
the decedent, the trustee of any trust in which the interest renounced
exists, and no such personal representative, trustee, or person shall be
liable for any otherwise proper distribution or other disposition made
without actual notice of the renunciation.
(c) Unless the decedent or donee of the power has otherwise indicated,
the property or interest renounced passes as if the person renouncing had
predeceased the decedent, or if the person renouncing is designated to
take under a power of appointment as if the person renouncing had predeceased
the donee of the power. A future interest that takes effect in possession
or enjoyment after the termination of the estate or interest renounced
takes effect as if the person renouncing had predeceased the decedent or
the
donee of the power. In every case the renunciation relates back for all
purposes to the date of death of the decedent or the donee, as the case
may be.
(d) The right to renounce property or an interest therein is barred
by: (1) assignment, conveyance, encumbrance, pledge or transfer of property
therein or any contract therefor; (2) written waiver of the right to renounce;
or (3) sale or other disposition of property pursuant to judicial process,
made before the renunciation is effective.
(e) The right to renounce granted by this section exists irrespective
of any limitation on the interest of the person renouncing in the nature
of a spendthrift provision or similar restriction.
(f) The renunciation or the written waiver of the right to renounce
is binding upon the person renouncing or person waiving and all persons
claiming through or under him.
(g) This section does not abridge the right of any person to assign,
convey, release, or renounce any property or an interest therein arising
under any other statute.
(h) An interest in property existing on the effective date of this
act as to which, if a present interest, the time for filing a renunciation
has not expired, or, if a future interest, the interest has not become
indefeasibly vested or the taker finally ascertained may be renounced within
nine (9) months after the effective date of this act.
(i) In clarification and amplification of subsection (a) (1) of
this section, and to make clear the existing terms thereof, a renunciation
may be made by an agent appointed under a power of attorney, by a conservator
or guardian on behalf of an incapacitated person, or by the personal representative
or administrator of a deceased person. The ability to renounce on behalf
of the person does not need to be specifically set forth in a power of
attorney if the power is general in nature.
Title 15, Chap. 2, Part 8, §15-2-801.
