Persons often decide to disclaim an interest in a trust or an estate. Several common examples are:

1. A child who would inherit part of a parent’s estate to the detriment of their surviving parent under intestate laws.
2. Siblings may defer to other siblings with a greater need.
3. There may an asset that is move of interest to certain beneficiaries, such as a parcel of hunting land when only some beneficiaries enjoy hunting, or a vacation home that is only used by local beneficiaries.
4. There may be tax benefits to the family as a whole from certain beneficiaries disclaiming an interest.
5. It may avoid the uncapping of real estate assessments which can be avoided by two or three step processes.

In situations like these, one or more beneficiaries may want to disclaim an interest. Michigan law provides for a disclaimer of an interest. The laws are found at MCL 700.2901 through MCL 700.2912, inclusive. A disclaimer acts as “a non-acceptance of the disclaimed interest, rather than as a transfer of the disclaimed interest. The disclaimant is treated as never having received the disclaimed interest.” MCL 700.2909(2).

As of this writing, there is no form to disclaim an interest. However, a similar form used to acknowledge receipt of a distributive share of personal property (SCAO approved form PC588) can be adjusted to serve the purpose. While you are strongly encouraged to seek professional advice (legal, accounting, financial investment, insurance) before acting, this adjusted custom form may serve your purposes. Note that it is to be used at your own risk, and no representation is made with regard to the benefits, detriments, or adequecy of this form for the purpose suggested.