Montana Disclaimer of Interest

Montana Disclaimer of Property Interest

Under the Montana Code, the beneficiary of an interest in property may disclaim the gift, either in part or in full (Mont. Code Ann. 72-2-811). 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 (72-2-811).

The document 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 (72-2-811 (3)).

Within nine months of the transfer (e.g., the death of the creator of the interest), file the document with the court of the county that has jurisdiction over proceedings regarding the estate of the deceased owner and deliver a copy to the personal representative or other fiduciary of the decedent's estate (72-2-811 (2) (a)). If the transfer was enacted by an instrument other than a will, deliver a copy of the disclaimer to the trustee or the person who has legal title to or possession of the property (72-2-811 (2) (b)). If real property is involved, record a copy of the document in the office of the clerk or recorder of the county in which the property is located in order to avoid any ambiguity regarding the chain of title (72-2-811 (2) (d)).

A disclaimer is irrevocable and binding for the disclaiming/renouncing party and his or her creditors (72-2-811 (4)), 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 Montana Disclaimer of Interest Forms Have Been Updated as Recently as Tuesday June 23, 2020

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