Renunciation and disclaimer of property from life insurance or annuity contract north carolina form
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Prepared by, recording requested by
and return to:
----------------------Above this Line for Official Use Only---------------------Name:
Company:
Address:
City:
State: Zip:
Phone:
Fax:
RENUNCIATION OF SUCCESSION – INDIVIDUAL
(N.C. Gen. Stat. § 31-B)
COMES NOW, , as a party who has succeeded or will succeed to the following
property interest, and would state as follows:
1. The undersigned succeeded to said property interest as one of the following:
Heir
Next of kin
Devisee
Legatee
Beneficiary of a life insurance policy who did not possess the incidents of
ownership under the policy at the time of death of the insured
Person succeeding to a renounced interest
Beneficiary under a testamentary trust or under an inter vivos trust
Appointee under a power of appointment exercised by a testamentary
instrument or a non-testamentary instrument
Surviving joint tenant, surviving tenant by the entireties, or surviving tenant of
a tenancy with a right of survivorship
Person entitled to share in a testator's estate under the provisions of G.S. 31-
5.5
Beneficiary under any other testamentary or nontestamentary instrument,
including a beneficiary under:
a. Any qualified or nonqualified deferred compensation, employee benefit,
retirement or death benefit, plan, fund, annuity, contract, policy, program or
instrument, either funded or unfunded, which is established or maintained to
provide retirement income or death benefits or results in, or is intended to result
in, deferral of income;
b. An individual retirement account or individual retirement annuity; or
c. Any annuity, payable on death, account, or other right to death benefits
arising under contract
The duly authorized or appointed guardian with the prior or subsequent
approval of the clerk of superior court, or of the resident judge of the superior court, of
any of the above.
The personal representative appointed under Chapter 28A of any of the above,
or the attorney-in-fact of any of the above.
2. The undersigned would by this notice hereby declare that:
The undersigned completely renounces any and all rights of succession in
the above described property interest, or
The undersigned renounces the right to succeed to said property interest
only in part, retaining the right of succession to the following property interest: .
3. If the undersigned has elected to renounce a partial interest , the undersigned
would further state that any instrument which may have created said interest does not
contain a provision which would prohibit the renunciation of a fractional share of said
property interest.
4. Pursuant to North Carolina Statute, this renunciation must be filed:
(A) An instrument renouncing a present interest shall be filed within the time period
required under the applicable federal statute for a renunciation to be given effect as a
disclaimer for federal estate and gift tax purposes. If there is no such federal statute the
instrument shall be filed not later than nine months after the date the transfer of the
renounced interest to the renouncer was complete for the purpose of such taxes.
(B) An instrument renouncing a future interest shall be filed not later than six months
after the event by which the taker of the property or interest is finally ascertained and his
interest indefeasibly vested and he is entitled to possession even though such renunciation
may not be recognized as a disclaimer for federal estate tax purposes.
5. The undersigned gained a present property interest in the above described
property on the day of , 20 , or
The undersigned will gain an interest in the above-described property in the
future. Said interest was finally ascertained and indefeasibly vested in the undersigned
on the day of , 20 .
This the day of , 20 .
___________________________
Signature of Renouncer
Acknowledgment of Individual
STATE OF NORTH CAROLINA
COUNTY OF
I, a Notary Public, do hereby certify that (here give the name of the grantor
or maker) personally appeared before me this day and acknowledged the due execution of
the foregoing instrument. Witness my hand and (where an official seal is required by law)
official seal
This the day of (year).
(Official seal.)
______________________________
Notary Public
Printed Name:
My Commission Expires:
Certificate of Delivery
I, , hereby certify that I have delivered this day a true and correct copy of
the foregoing to by:
Personal Delivery
Mailing a true and correct copy of same by certified or registered U.S.
mail, postage prepaid, return receipt requested.
So certified this the day of , 20 .
________________________
Signature
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