Disclaimer and Renunciation of Interest (Qualified Disclaimer) — Minnesota

TIMING — IRC § 2518 (9-MONTH DEADLINE): To qualify as a federal "qualified disclaimer," this writing must be signed and delivered within nine (9) months after the date of the decedent's death or other transfer (or within 9 months after the disclaimant turns 21), with no acceptance of the interest or its benefits. Minnesota's Uniform Disclaimer of Property Interests Act permits a disclaimer at any time unless barred (Minn. Stat. §§ 524.2-1105, 524.2-1106), but the federal 9-month limit governs qualified-disclaimer treatment (Minn. Stat. § 524.2-1104). Verify the deadline with counsel before signing.

DISCLAIMER AND RENUNCIATION OF INTEREST (QUALIFIED DISCLAIMER)

STATE OF MINNESOTA

TABLE OF CONTENTS

1. Disclaimant Information
2. Identification of the Transfer and Interest Disclaimed
3. Statutory Authority
4. The Disclaimer
5. Qualified-Disclaimer Representations
6. Effect and Passing of the Disclaimed Interest
7. Irrevocability and Binding Effect
8. Delivery, Filing, and Recording
9. Signature, Acknowledgment, and Notarization
10. Verification / Declaration
11. Certificate of Delivery / Service
12. Attachments Checklist

1. DISCLAIMANT INFORMATION

The undersigned (the "Disclaimant") is a person who may disclaim an interest in or power over property under Minn. Stat. § 524.2-1107, namely a(n): ☐ heir ☐ devisee ☐ legatee ☐ grantee ☐ donee ☐ surviving joint tenant ☐ beneficiary under a governing instrument or contract ☐ appointee, object, or taker in default under a power of appointment ☐ other: [____________________].

2. IDENTIFICATION OF THE TRANSFER AND INTEREST DISCLAIMED

Source of the interest (check all that apply):
☐ Last Will and Testament of the Decedent
☐ Intestate succession (Minn. Stat. § 524.2-101 et seq.)
☐ Revocable or testamentary trust
☐ Beneficiary designation (life insurance, retirement plan, annuity, POD/TOD account, or security registered in beneficiary form)
☐ Joint tenancy with right of survivorship
☐ Power of appointment
☐ Other: [________________________________]

Extent of the disclaimer:
☐ Full disclaimer — the Disclaimant disclaims the entire interest described above.
☐ Partial disclaimer — the Disclaimant disclaims only the following portion, which under Minn. Stat. § 524.2-1107(d) may be expressed as a fraction, percentage, monetary amount, specific property, term of years, portion of a beneficial interest, or limitation of a power: [____________________] (e.g., an undivided ____% interest, or the sum of $[____________]).

Legal description of any real property disclaimed (or see attached Exhibit A): [________________________________]

3. STATUTORY AUTHORITY

This Disclaimer is made under the Minnesota Uniform Disclaimer of Property Interests Act, Minn. Stat. §§ 524.2-1101 through 524.2-1116, and is intended to constitute a qualified disclaimer under 26 U.S.C. § 2518 and Treas. Reg. § 25.2518-2.

• Minn. Stat. § 524.2-1107(a) authorizes a person to disclaim, in whole or in part, any interest in or power over property, including a power of appointment, even if the creator imposed a spendthrift provision or other restriction on transfer or on the right to disclaim.
• Minn. Stat. § 524.2-1107(c) requires that the disclaimer (1) be in writing; (2) declare the writing as a disclaimer; (3) describe the interest or power disclaimed; (4) be signed by the Disclaimant and acknowledged in the manner provided for deeds of real estate to be recorded in this state; and (5) be delivered or filed in the manner provided in Minn. Stat. § 524.2-1114.
• Minn. Stat. § 524.2-1104 provides that a disclaimer is effective under the Act if, as a result, the interest is treated under 26 U.S.C. § 2518 as never having been transferred to the Disclaimant.

4. THE DISCLAIMER

The Disclaimant, intending to be legally bound, hereby IRREVOCABLY and UNQUALIFIEDLY DISCLAIMS and RENOUNCES all (or, where a partial disclaimer is elected in Section 2, the stated portion of all) right, title, claim, interest, and power of every kind — whether vested or contingent, present or future, legal or equitable — in and to the property and interest described in Section 2 above.

This Disclaimer is made freely, voluntarily, and with full knowledge of its legal and tax consequences.

5. QUALIFIED-DISCLAIMER REPRESENTATIONS

The Disclaimant represents and certifies that:

☐ This Disclaimer is in writing, signed, and acknowledged as required by Minn. Stat. § 524.2-1107(c) and Treas. Reg. § 25.2518-2(b).

☐ This Disclaimer is being delivered or filed within nine (9) months after the later of (a) the date of the Decedent's death or the effective date of the transfer creating the interest, or (b) the date the Disclaimant attained age 21 (26 U.S.C. § 2518(b)(2)).

☐ The Disclaimant has NOT accepted the disclaimed interest or any of its benefits, has not assigned, conveyed, encumbered, pledged, or transferred it or contracted to do so, has not executed a written waiver of the right to disclaim, and is not subject to any other bar under Minn. Stat. § 524.2-1106 (Treas. Reg. § 25.2518-2(d)).

☐ The disclaimed interest passes without any direction on the part of the Disclaimant (26 U.S.C. § 2518(b)(4); Treas. Reg. § 25.2518-2(e)).

☐ As a result of this Disclaimer, the interest passes as if the Disclaimant had died immediately before the interest was created (or before the time for distribution, as applicable), as provided by Minn. Stat. § 524.2-1108.

☐ This Disclaimer is intended as a tax-qualified disclaimer under Minn. Stat. § 524.2-1104 and 26 U.S.C. § 2518.

6. EFFECT AND PASSING OF THE DISCLAIMED INTEREST

Under Minn. Stat. § 524.2-1108, the disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable (or, for an intestate interest, as of the Decedent's death). The disclaimed interest passes according to any provision in the governing instrument for disposition on disclaimer; if the instrument contains no such provision, and the Disclaimant is an individual, the interest passes as if the Disclaimant had died immediately before the interest was created (or, where contingent on surviving to distribution, immediately before the time for distribution). A future interest held by a person other than the Disclaimant takes effect as if the Disclaimant had died or ceased to exist immediately before the time for distribution.

The Disclaimant does not direct to whom the disclaimed interest passes; it passes solely by operation of the governing instrument and Minnesota law.

7. IRREVOCABILITY AND BINDING EFFECT

This Disclaimer is irrevocable and may not be modified, withdrawn, or rescinded. Under Minn. Stat. § 524.2-1107(e), a disclaimer becomes irrevocable when it is delivered or filed under Minn. Stat. § 524.2-1114 or becomes effective under Minn. Stat. §§ 524.2-1108 to 524.2-1113, whichever occurs later. This Disclaimer binds the Disclaimant and all persons claiming through or under the Disclaimant.

8. DELIVERY, FILING, AND RECORDING

Pursuant to Minn. Stat. §§ 524.2-1114 and 524.2-1115, the Disclaimant shall (check all that apply):

☐ Deliver this Disclaimer to the personal representative, trustee, or other person having legal title to or possession of the disclaimed interest. Under Minn. Stat. § 524.2-1114, delivery may be effected by personal delivery, first-class mail, or any other method that results in its receipt.

☐ File this Disclaimer in the District Court (Probate Division) for [____________] County, Minnesota, in any pending estate or trust proceeding concerning the disclaimed interest, as appropriate under Minn. Stat. § 524.2-1114.

☐ Record this Disclaimer in the Office of the County Recorder or Registrar of Titles of [____________] County, Minnesota, where the real property is located, if real property or an interest in real property is disclaimed. To provide constructive notice, the recorded disclaimer must contain a legal description of the real estate (Minn. Stat. § 524.2-1115).

9. SIGNATURE, ACKNOWLEDGMENT, AND NOTARIZATION

Executed this [____] day of [____________], 20[____].

Disclaimant Signature: ______________________________________

Printed Name: [________________________________]

ACKNOWLEDGMENT

STATE OF MINNESOTA )
COUNTY OF [____________] )

This instrument was acknowledged before me on this [____] day of [____________], 20[____], by [DISCLAIMANT FULL LEGAL NAME].

______________________________________
Notary Public
My commission expires: [__/__/____]

[NOTARIAL STAMP/SEAL]

10. VERIFICATION / DECLARATION

I, [DISCLAIMANT FULL LEGAL NAME], declare under penalty of perjury under the laws of the State of Minnesota that the foregoing is true and correct, that I have not accepted the disclaimed interest or any benefit thereof, and that I make this Disclaimer of my own free will.

Signature: ______________________________________
Date: [__/__/____]

11. CERTIFICATE OF DELIVERY / SERVICE

I certify that on the date(s) shown below a true and correct copy of this Disclaimer was delivered (by personal delivery, first-class mail, or another method that results in its receipt) to the following:

Signature: ______________________________________
Printed Name: [________________________________]

12. ATTACHMENTS CHECKLIST

☐ Copy of the Last Will and Testament, trust instrument, or beneficiary designation creating the disclaimed interest
☐ Exhibit A — legal description of any real property disclaimed
☐ Certified copy of the Decedent's Death Certificate
☐ Proof of delivery / mailing
☐ Copy of the recorded Disclaimer (County Recorder / Registrar of Titles), if real property is involved
☐ File-stamped copy from the District Court (estate or trust proceeding)

SOURCES AND REFERENCES

• Minnesota Uniform Disclaimer of Property Interests Act, Minn. Stat. §§ 524.2-1101 to 524.2-1116 — https://www.revisor.mn.gov/statutes/cite/524.2-1101
• Minn. Stat. § 524.2-1107 (Power to disclaim; general requirements) — https://www.revisor.mn.gov/statutes/cite/524.2-1107
• Minn. Stat. § 524.2-1115 (Recording of disclaimer relating to real estate) — https://www.revisor.mn.gov/statutes/cite/524.2-1115
• 26 U.S.C. § 2518 (Disclaimers) — https://www.law.cornell.edu/uscode/text/26/2518
• Treas. Reg. § 25.2518-2 (Requirements for a qualified disclaimer) — https://www.law.cornell.edu/cfr/text/26/25.2518-2