HRS §526-7
Giving up your share of jointly owned property after the other owner dies
When one owner of jointly held property dies, the surviving owner can give up some or all of their share. The share they can give up is the larger of two amounts. The giveaway takes effect on the death date and the share goes to others as if the survivor died first.
beneficiariescondominium ownersdomestic partnersheirshomeownerslandlordsspousestenants
The statute, as written — Disclaimer of rights of survivorship in jointly held property
(a) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of: (1) 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 (2) All of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant. (b) A disclaimer under subsection (a) takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates. (c) 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.
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