Rhode Island General Laws 34-5-3. Disclaimer by fiduciaries
The probate court having jurisdiction of the estate of a beneficiary is empowered to authorize the duly appointed guardian or conservator of the beneficiary or the legal representative of the estate of a deceased beneficiary to execute and file a disclaimer on behalf of the beneficiary or deceased beneficiary’s estate in accordance with the provisions of this chapter. This authority shall be granted, notwithstanding any diminution in the size of the estate of the beneficiary or of the deceased beneficiary by virtue of the proposed disclaimer, upon finding that the proposed disclaimer is not detrimental to the interests of the beneficiary or of the estate of the deceased beneficiary, as the case may be.
History of Section.
P.L. 1980, ch. 392, § 2.
Terms Used In Rhode Island General Laws 34-5-3
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Beneficiary: means any person to whom, and any estate, trust, corporation, or other legal entity to which, an interest in property would pass in any manner described in § 34-5-2, except for the execution and filing of a disclaimer in accordance with the provisions of this chapter. See Rhode Island General Laws 34-5-1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will