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 Friday August 16, 2019
What others like you are saying:
Lois B. said: It works pretty well, had trouble with the word December. It printed out Decedmber with weird spacing but I think it will be ok.
Reply from Staff: Thank you for the feedback. We will take a look at the date field to see if there are any issues. Have a great day!
Kathyren O. said: Very helpful and I will be using your services in the near future. Thank you Kathyren Oleary
Reply from Staff: Thanks Kathyren, we really appreciate your feedback.
Neira S. said: No problem with Recorders Office using your document. It is now completed and recorded.
Reply from Staff: Thank you Neira, have a wonderful day!
Martha B. said: Not too hard to do, I did get it checked out by an attorney after I completed it just to be safe. He said it was fine, made no changes.
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Sandra G. said: We were referred to the site by banking friend. It does take time to read through and figure out what a person needs, form-wise, to accomplish the goal. Once that was decided, check out and the download was very easy. What a great savings in cost and time.
Reply from Staff: Thank you Sandra, glad we could help. Also, please thank your friend for us. Have a wonderful day.
Karen J. said: Excellent and easy to download and use. Love the example page and was so easy to fill out and use immediately. Thank you
Reply from Staff: Thank you for your feedback Karen. We really appreciate it. Enjoy your day!
Select County where the property is located.