Kansas Renunciation and Disclaimer of Joint Tenant or Tenancy Interest - Kansas 2025

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(a) A person or the personal representative of a person may disclaim in whole, in part or in an undivided part any real or personal property, or any interest therein or power thereover, passing upon death of another to such person as: (1) Heir; (2) next of kin; (3) devisee; (4) legatee; (5) a person succeeding to a
Thus, a surviving joint tenant may disclaim the one-half survivorship interest in property that the joint tenant held either in joint tenancy with right of survivorship or in tenancy by the entirety, within 9 months of the death of the first joint tenant to die.
For instance, if you have been far more fortunate than your siblings and feel that they or their children would benefit more from the family estate, you may choose to renounce your right to inherit. Whatever your reasons, there are a few valid reasons to consider disclaiming an inheritance.
The right of survivorship controls the disposition of property at the death of one co-owner. Property owned in joint tenancy immediately passes to the surviving joint tenant(s). Wills or state intestate laws do not control property held in joint tenancy. Ownership in Trust.
Written disclaimer: The disclaimer must be in writing, signed by the disclaimant, and declare the intent to refuse the inheritance. It should describe the specific property or interest being disclaimed. Filing with the probate court: The written disclaimer must be filed with the probate court handling the estate.
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The surviving joint tenant may not disclaim any portion of the joint account attributable to consideration furnished by that surviving joint tenant. See paragraph (c)(5), Examples (12), (13), and (14), of this section, regarding the treatment of disclaimed interests under sections 2518, 2033 and 2040.
The most common is joint tenancy with rights of survivorship (JTWROS). In this case, when one owner dies, the assets go directly to the other owner, with no need for probate court.

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