Full question:
My uncle had a joint property with a building in it. His will stated that the property will be vested jointly in me and his son. It also stated that we can lease out the building and divide the rent equally between us. His son neither wants the property nor the building and rent. Can he disclaim his rights over it?
- Category: Wills and Estates
- Subcategory: Disclaimer of Property Interest
- Date:
- State: South Dakota
Answer:
Your uncle’s son can irrevocably disclaim his rights to the property, the building, and the rent. This disclaimer must be in writing and filed with the clerk of the court handling the joint tenancy proceedings. It must be submitted within nine months of your uncle's death.
According to South Dakota law (29A-2-801), a disclaimer is retroactive to the date of your uncle's death, meaning that the interest will pass as if he had predeceased your uncle. The disclaimer must be made in writing and filed properly to be valid.
Keep in mind that a disclaimer cannot be made if he has already accepted the property or if there has been any transfer or assignment of the interest.
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.