Disclaimer of Interest Form - Monroe County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 11/22/2018
Disclaimer of Interest Guide - Monroe County
Line by line guide explaining every blank on the form.
Included document last updated 12/11/2018
Completed Example of the Disclaimer of Interest Document - Monroe County
Example of a properly completed form for reference.
Included document last updated 11/27/2018
*The Following Kentucky and Monroe County supplemental forms are included as a courtesy with your order.
Transfer tax is collected on the actual consideration stated and paid or to be paid in the deed. If the deed is a gift or indicates nominal consideration only, tax must be paid on the estimated price of the property and this form is required. It confirms any consideration stated in the deed and adds the estimated fair cash value the property would bring in an open market. A brief list of exemptions can be downloaded here. For a more detailed list and further information, download the relevant statutes posted under Transfer Tax Information.
Transfer Tax Information
These excerpts from Kentucky statutes list the exemptions from transfer tax in detail. If the document is exempt from transfer tax, it must be stated on the document.
The supplemental forms in this section can be used as loose certificates by notaries in the state.
If you are 65 years old or disabled you may qualify for a homestead exemption on your property taxes.
Under the Kentucky Revised Statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (KRS 394.610 to 670). Note that the option to disclaim is only available to beneficiaries who have not acted in any way to indicate acceptance or ownership of the interest (KRS 394.640)
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 (KRS 394.610 (2)).
File the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) to the District Court of the county in which proceedings have been commenced, or could commence, for the administration of the estate of the deceased. Also, deliver a copy of the disclaimer to the personal representative or any other fiduciary of the decedent or donee. In the case of real property, record a copy of the disclaimer in the office of the county clerk of the county in which the real estate is located (KRS 394.620 (3)).
A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors, so be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property. If the disclaimed interest arises out of jointly-owned property, seek legal advice as well.
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