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Disclaimer of Interest in Property


In the law of inheritance, a disclaimer of interest is an attempt by a person to renounce his legal right to benefit from an inheritance (either under a Will or Trust or through intestacy). A disclaimer takes effect when the Will or Trust becomes irrevocable (generally at the grantor’s death) or upon the intestate’s death if there is no Will or Trust. A disclaimed interest will pass according to any provision in the Will or Trust. If there is no provision for disclaimed interests, then the disclaimed interest will pass according to Senate Bill 371:

  • If the disclaimant is an individual, then the interest will pass as if the disclaimant had died before the decedent.

  • If the interest would pass to the descendants of the disclaimant, then the interest will pass to the surviving descendants.

  • If the interest would pass to the estate of the disclaimant, then the interest will pass to the surviving descendants. If there are no surviving descendants, then the interest will become part of the residue.

  • If the disclaimant is not an individual, then the interest will pass as if the disclaimant did not exist.

  • If the disclaimed interest arose as a part of intestacy, then the interest will pass as if the disclaimant had died before the decedent.

The Bill has amended its provision for disclaimed interests of a transfer on death property:

  • If the disclaimant is an individual, then the interest will pass as if the disclaimant had died before the decedent.

  • If the disclaimant is not an individual, then the interest will pass as if the disclaimant did not exist.

If you have been appointed as Executor for a decedent’s estate, our attorneys can assist you in administering the estate – legally and efficiently.

Fort Wayne, Indiana attorneys offering services in estate planning, Wills, Trusts, estate and trust administration, probate, elder law, Medicaid, asset protection, and guardianship.

​© 2020 by Madyson Shannon