Full question:
My father who had abandoned us 10 years ago passed away recently. Apparently, he left me some property. I want to renounce the inheritance. How do I do that in Indiana?
- Category: Wills and Estates
- Subcategory: Disclaimer of Property Interest
- Date:
- State: Indiana
Answer:
In Indiana, disclaimer of interest in an inheritance is enumerated in the Burns Ind. Code Ann. § 32-17.5-3-1 through § 32-17.5-3-6. A person who comes under the definition provided in § 32-17.5-3-1 may disclaim interest in an inheritance. It reads:“A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if the creator of the interest or power imposed:
(1) a spendthrift provision or similar restriction on transfer; or
(2) a restriction or limitation on the right to disclaim.”
§ 32-17.5-3-3 provides for the contents of a disclaimer made by a person. It reads:
“(a) As used in this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(b) A disclaimer must:
(1) be in a writing or other record;
(2) state that it is a disclaimer;
(3) describe the interest or power disclaimed;
(4) be signed by the person making the disclaimer; and
(5) be delivered or filed in the manner provided in IC 32-17.5-7.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
