(a)(1) A person (or the representative
of a deceased, incapacitated, or protected person) who is an heir, devisee,
person succeeding to a renounced interest, donee, beneficiary under a testamentary
or nontestamentary instrument, donee of a power of appointment, grantee, surviving
joint owner or surviving joint tenant, beneficiary, or owner of an insurance
contract or any incident of ownership therein, beneficiary or person designated
to take pursuant to a power of appointment exercised by a testamentary or
nontestamentary instrument, person who has a statutory entitlement to or election
with respect to property pursuant to the Nebraska Probate Code, designated beneficiary of a transfer on
death deed, or recipient of any beneficial interest under any
testamentary or nontestamentary instrume
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(a)(1) A person (or the representative
of a deceased, incapacitated, or protected person) who is an heir, devisee,
person succeeding to a renounced interest, donee, beneficiary under a testamentary
or nontestamentary instrument, donee of a power of appointment, grantee, surviving
joint owner or surviving joint tenant, beneficiary, or owner of an insurance
contract or any incident of ownership therein, beneficiary or person designated
to take pursuant to a power of appointment exercised by a testamentary or
nontestamentary instrument, person who has a statutory entitlement to or election
with respect to property pursuant to the Nebraska Probate Code, designated beneficiary of a transfer on
death deed, or recipient of any beneficial interest under any
testamentary or nontestamentary instrument, may renounce in whole or in part,
or with reference to specific parts, fractional shares, undivided portions
or assets thereof, by filing a written instrument of renunciation within the
time and at the place hereinafter provided.
(2) The instrument shall (i) describe the property or part
thereof or the interest therein renounced, (ii) be signed and acknowledged
by the person renouncing in the manner provided for in the execution of deeds
of real estate, (iii) declare the renunciation and the extent thereof, and
(iv) declare that the renunciation is an irrevocable and unqualified refusal
to accept the renounced interest.
(3) The appropriate court in a proceeding under section 30-3812 ,
may direct or permit a trustee under a testamentary or nontestamentary instrument
to renounce any restriction on or power of administration, management, or
allocation of benefit upon finding that such restrictions on the exercise
of such power may defeat or impair the accomplishment of the purposes of the
trust whether by the imposition of tax or the allocation of beneficial interest
inconsistent with such purposes or by other reason. Such authority shall be
exercised after hearing and upon notice to qualified beneficiaries as defined
in section 30-3803 , in the manner directed by the court.
(b) The instrument specified in (a)(1) and (a)(2) must be
received by the transferor of the interest, his or her legal representative,
the personal representative of a deceased transferor, the trustee of any trust
in which the interest being renounced exists, or the holder of the legal title
to the property to which the interest relates. To be effective for purposes
of determining inheritance and estate taxes under articles 20 and 21 of Chapter
77, the instrument must be received not later than the date which is nine
months after the later of (i) the date on which the transfer creating the
interest in such person is made, or (ii) the date on which such person attains
age twenty-one. If the circumstances which establish the right of a person
to renounce an interest arise as a result of the death of an individual, the
instrument shall also be filed in the court of the county where proceedings
concerning the decedent's estate are pending, or where they would be pending
if commenced. If an interest in real estate is renounced, a copy of the instrument
shall also be recorded in the office of the register of deeds in the county
in which the real estate lies. No person entitled to a copy of the instrument
shall be liable for any proper distribution or disposition made without actual
notice of the renunciation and no such person making a proper distribution
or disposition in reliance upon the renunciation shall be liable for any such
distribution or disposition in the absence of actual notice that an action
has been instituted contesting the validity of the renunciation.
(c) Unless the transferor of the interest has otherwise indicated
in the instrument creating the interest, the interest renounced, and any future
interest which is to take effect in possession or enjoyment at or after the
termination of the interest renounced, passes as if the person renouncing
had predeceased the decedent or had died prior to the date on which the transfer
creating the interest in such person is made, as the case may be, if the renunciation
is within the time periods set forth in subsection (b) and if not within such
time periods the interest renounced, and any future interest which is to take
effect in possession or enjoyment at or after the termination of the interest
renounced, passes as if the person renouncing had died on the date the interest
was renounced. The person renouncing shall have no power to direct how the
interest being renounced shall pass, except that the renunciation of an interest
for which the right to renounce was established by the death of an individual
shall, in the case of the spouse of the decedent, relate only to that statutory
provision or that provision of the instrument creating the interest being
renounced and shall not preclude the spouse from receiving the benefits of
the renounced interest which may be derived as a result of the renounced interest
passing pursuant to other statutory provisions or pursuant to other provisions
of the instrument creating the interest unless such further benefits are also
renounced. In every case when the renunciation is within the time periods
set forth in subsection (b) the renunciation relates back for all purposes
to the date of death of the decedent or the date on which the transfer creating
the interest in such person is made, as the case may be.
(d) Any (1) assignment, conveyance, encumbrance, pledge,
or transfer of property therein or any contract therefor, (2) written waiver
of the right to renounce or any acceptance of property or benefits therefrom
or an interest therein by an heir, devisee, person succeeding to a renounced
interest, donee, beneficiary under a testamentary or nontestamentary instrument,
donee of a power of appointment, grantee, surviving joint owner or surviving
joint tenant, beneficiary or owner of an insurance contract or any incident
of ownership therein, beneficiary or person designated to take pursuant to
a power of appointment exercised by a testamentary or nontestamentary instrument,
person who has a statutory entitlement to or election with respect to property
pursuant to the Nebraska Probate Code, or recipient of any beneficial interest
under any testamentary or nontestamentary instrument, or (3) sale or other
disposition of property pursuant to judicial process, made within the time
periods set forth in subsection (b) shall not bar the right to renounce, but
shall make a subsequent renunciation within the time period set forth in subsection
(b) of this section ineffective for purposes of determination of inheritance taxes under article 20 of Chapter 77. Any renunciation made after any part
of the property has been assigned, conveyed, encumbered, pledged, or transferred
is ineffective for the portion of the property which has previously been assigned,
conveyed, encumbered, pledged, or transferred.
(e) Within thirty days of receipt of a written instrument
of renunciation by the transferor of the interest, his or her legal representative,
the personal representative of the decedent, the trustee of any trust in which
the interest being renounced exists, or the holder of the legal title to the
property to which the interest relates, as the case may be, such person shall
attempt to notify in writing those persons who are known or ascertainable
with reasonable diligence who shall be recipients or potential recipients
of the renounced interest of the renunciation and the interest or potential
interest such recipient shall receive as a result of the renunciation.
(f) The right to renounce granted by this section exists
irrespective of any limitation on the interest of the person renouncing in
the nature of a spendthrift provision or similar restriction. A trust beneficiary
whose interest is subject to any limitation in the nature of a spendthrift
provision or similar restriction may assign, sell, or otherwise convey such
interest or any part thereof upon a finding by a court in a proceeding under
section 30-3812 that the rights of other beneficiaries would not be impaired
and that such assignment, sale, or other conveyance would not result in any
substantial benefit to nonbeneficiaries of the trust at the expense of the
trust or trust beneficiaries. Such finding may be made after hearing and upon
notice to all known persons beneficially interested in such trust, in the
manner directed by the court.
(g) This section does not abridge the right of any person
to assign, convey, release, or renounce any property arising under any other
section of this code or other statute.
(h) Any interest in property which exists on July 19, 1980,
may be renounced after July 19, 1980, as provided herein. An interest which
has arisen prior to July 19, 1980, in any person other than the person renouncing
is not destroyed or diminished by any action of the person renouncing taken
under this section.