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Maine Disclaimer of Interest

Maine Renunciation of Property

Under the Maine Statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (18-A MRS 2-801). Note that the option to do so is only available to beneficiaries who have not acted in any way to indicate acceptance or ownership of the interest (2-801 (g)).

The renunciation must be in writing and include a description of the interest, a declaration of intent to renounce all or a defined portion of the interest, and be signed by the renouncing party ( 2-801 (e)).

Deliver the document within nine months of the transfer (e.g., the death of the creator of the interest) to the personal representative, or other fiduciary, of the decedent's estate or to the person who has legal title to or possession of the property. In addition, file a copy in the Registry of Probate in the court with jurisdiction over proceedings regarding the deceased donor's estate ( 2-801 (b)). If real property is involved, record a copy of the document in the Registry of Deeds in the county in which the property is located in order to avoid any ambiguity regarding the chain of title ( 2-801 (d)).

A renunciation is irrevocable and binding for the renouncing party and his or her creditors ( 2-801 (f)), so be sure to consult an attorney when in doubt about the drawbacks and benefits. If the interest arises out of jointly-owned property, seek legal advice as well.

Deeds.com Maine Disclaimer of Interest Forms Have Been Updated as Recently as Thursday January 9, 2020

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Maine Disclaimer of Interest Form