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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
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If Im named the sole beneficiary in a 5302.22 , do I have

Resolved Question:

If I'm named the sole beneficiary in a 5302.22 , do I have the right to disclaim my ownership.and how is this accomplish.I did not submit a 5302.222 to confirm the affidavit . My sister passed away in March and her house is in foreclosure, and the law firm that represent the mortgage company says that the property was transferred to me upon my sister death. this in in the state Ohio in Lorain County.
Submitted: 11 months ago.
Category: Estate Law
Expert:  Damien Bosco replied 11 months ago.
Hi and welcome! My name is XXXXX XXXXX I will be assisting you. I am happy to help. You can disclaim pursuant to statute:

5815.36 Disclaiming testamentary and nontestamentary succession to real and personal property.

The written instrument of disclaimer shall be signed and acknowledged by the disclaimant and shall contain all of the following:

(a) A reference to the donative instrument;

(b) A description of the property, part of property, or interest disclaimed, and of any fiduciary right, power, privilege, or immunity disclaimed;

(c) A declaration of the disclaimer and its extent.

Go to the Court and see if they have a form for you to complete.

I hope this response answers your question. If you need clarification or have a follow up question, let me know. Best regards, Damien
Customer: replied 11 months ago.

Is there any dead line to file , the law firm already submitted a preliminary judicial report

Expert:  Damien Bosco replied 11 months ago.

Hi David: Technically the statute states the following, but it is rather confusing: The disclaimant shall deliver, file, or record the disclaimer, or cause the same to be done, prior to accepting any benefits of the disclaimed interest and at any time after the latest of the following dates: (1) The effective date of the donative instrument if both the taker and the taker's interest in the property are finally ascertained on that date; (2) The date of the occurrence of the event upon which both the taker and the taker's interest in the property become finally ascertainable; (3) The date on which the disclaimant attains eighteen years of age or is no longer an incompetent, without tendering or repaying any benefit received while the disclaimant was under eighteen years of age or an incompetent, and even if a guardian of a minor or incompetent had filed an application pursuant to division (B)(4) of this section and the probate division of the court of common pleas involved did not consent to the guardian executing a disclaimer. Most interpret the statute to say that disclaimer can occur unless the heir took beneficial control of the assets or the estate is closed. With regard to the petition, this does not necessarily preclude the filing of a written disclaimer with the court and the deed of records at this time. The options therefore is to file the disclaimer and see if the Court will accept it; or do nothing. I know this answer is a bit convoluted. If you would like I can opt out to see if another expert can provide more information. Thank you, Damien

Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 1221
Experience: Helping you with your legal questions.
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