Category: Probate
Tags: Disclaimer, Estate Planning


NC Changes Renunciation Laws

Posted on: June 12th, 2009
On June 1, 2009, Governor Perdue signed into law Session Law 2009-48, which, effective October 1, 2009, institutes substantial changes to to statutes dealing with renunciation of interests in property.  In general, the effect of a valid renunciation of property is that the person renouncing is treated as having predeceased the transferor.  For example, a child that renounces an inheritance from a parent would be treated under the parent’s will as having died before the parent.
 
The revisions include:
  • Allowing a parent of a minor child to renounce a interest in property that would have passed to the child as a result of the parent’s renunciation.
  • Expanding the rights of fiduciaries (trustees, personal representatives, attorneys-in-fact) to renounce fiduciary powers and provides a method to have the Clerk of Superior Court approve the renunciation.
  • Adding a section regarding spelling out the requirements of delivery of renunciation of different property interests or powers to third persons.
  • Adding detail on the effect of renunciation for different types of property.
  • Providing that a valid tax qualified disclaimer under federal tax law is effective as a renunciation under North Carolina law.
  • Adding renunciation powers to the NC Short Form Power of Attorney.
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