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Current as of January 01, 2024 | Updated by FindLaw Staff
(1) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of:
(a) a fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or
(b) all of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.
(2) A disclaimer under subsection (1) takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.
(3) An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.
Cite this article: FindLaw.com - Montana Title 72. Estates, Trusts, and Fiduciary Relationships § 72-2-823. Disclaimer of rights of survivorship in jointly held property - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-72-estates-trusts-and-fiduciary-relationships/mt-code-ann-sect-72-2-823/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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