Under the Nebraska Statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (Neb. Rev. Stat. 30-2352). Note that the option to renounce is only available to beneficiaries who have not acted in any way to indicate acceptance or ownership of the interest.

The instrument of 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 ( 30-2352 (2)).

Deliver the instrument within nine months of the transfer (e.g., the death of the creator of the interest) to the personal representative of the decedent's estate or the trustee, and file a copy with the court of the county that has or would have jurisdiction over proceedings regarding the estate of the deceased. If real property is involved, a copy of the instrument must be recorded at the office of the Register of Deeds in the county where the property is located in order to avoid any ambiguity in the chain of title ( 30-2352 (3) (b)).

A renunciation is irrevocable and binding for the renouncing party and his or her creditors, so be sure to consult an attorney when in doubt about the drawbacks and benefits of renouncing inherited or gifted property. If the renounced interest arises out of jointly-owned property, seek legal advice as well.

(Nebraska DOI Package includes form, guidelines, and completed example)

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