Maine Disclaimer of Property Interest

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Under the Maine Statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (2-905). Note that the option to do so is only available to beneficiaries who have not acted in any way to indicate acceptance or ownership of the interest (2-913(A)).

The renunciation must be in writing and include a description of the interest, a declaration of intent to renounce all or a defined portion of the interest, and be signed by the renouncing party ( 2-905(3)).

A disclaimer becomes irrevocable when it is delivered or filed pursuant to section 2-912 or when it becomes effective as provided in sections 2-906 to 2-911, whichever occurs later.

2-908. Disclaimer of interest by trustee
If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.

2-916. Application to existing relationships
Except as otherwise provided in section 2-913, an interest in or power over property existing on September 1, 2019 as to which the time for delivering or filing a disclaimer under law superseded by this Part has not expired may be disclaimed after September 1, 2019.

(Maine Disclaimer of Property Interest Package includes form, guidelines, and completed example)

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