Vermont § 1952 - Time of disclaimer—Delivery

§ 1952. Time of disclaimer—Delivery

• (a) Except as provided in subsection (c) of this section, if the property or interest
  has devolved to the disclaimant under a testamentary instrument or by the laws of
  intestacy, the disclaimer shall be delivered, as to a present interest, not later
  than nine months after the death of the deceased owner or deceased donee of a power
  of appointment and, as to a future interest, not later than nine months after the
  event determining that the taker of the property or interest has become finally ascertained
  and his or her interest is indefeasibly vested. The disclaimer shall be delivered
  in person or mailed by registered or certified mail to any personal representative,
  or other fiduciary of the decedent or the donee of the power, to the holder of the
  legal title to which the interest relates, or to the person entitled to the property
  or interest in the event of disclaimer. A copy of the disclaimer shall be filed in
  the Probate Division of the Superior Court of the district in which proceedings for
  the administration of the estate of the deceased owner or deceased donee of the power
  have been commenced. (b) Except as provided in subsection (c) of this section, if the property or interest
  has devolved to the disclaimant under a nontestamentary instrument or contract, the
  disclaimer shall be delivered, as to a present interest, not later than nine months
  after the effective date of the nontestamentary instrument or contract and, as to
  a future interest, not later than nine months after the event determining that the
  taker of the property or interest has become finally ascertained and his or her interest
  indefeasibly vested. If the person entitled to disclaim does not have actual knowledge
  of the existence of the interest, the disclaimer shall be delivered not later than
  nine months after he or she has actual knowledge of the existence of the interest.
  The effective date of a revocable instrument or contract is the date on which the
  maker no longer has power to revoke it or to transfer to him or herself or another
  the entire legal and equitable ownership of the interest. The disclaimer shall be
  delivered in person or mailed by registered or certified mail to the person who has
  legal title to or possession of the interest disclaimed. (c) In any case, as to a transfer creating an interest in the disclaimant made after December
  31, 1976, and subject to tax under chapter 11, 12, or 13 of the Internal Revenue Code
  of 1986, as amended, a disclaimer intended as a qualified disclaimer thereunder must
  specifically so state and must be delivered not later than nine months after the later
  of the date the transfer is made or the day on which the person disclaiming attains
  age 21. (d) A surviving joint tenant or tenant by the entirety may disclaim as a separate interest
  any property or interest therein devolving to him or her by right of survivorship.
  A surviving joint tenant or tenant by the entirety may disclaim the entire interest
  in any property or interest therein that is the subject of a joint tenancy or tenancy
  by the entirety devolving to him or her, if the joint tenancy or tenancy by the entirety
  was created by act of a deceased joint tenant or tenant by the entirety and the survivor
  did not join in creating the joint tenancy or tenancy by the entirety. (e) If real property or an interest therein is disclaimed, a copy of the disclaimer shall
  be recorded in the land records of the town in which the property or interest disclaimed
  is located. (Added 1985, No. 130 (Adj. Sess.); amended 1991, No. 146 (Adj. Sess.), § 1, eff. April 28, 1992; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)