59-2291. Disclaimer of interest in property; persons authorized; disclaimer instrument, contents, validity. (a) A person or the personal representative of a person may disclaim in whole, in part or in an undivided part any real or personal property, or any interest therein or power thereover, passing upon death of another to such person as: (1) Heir; (2) next of kin; (3) devisee; (4) legatee; (5) a person succeeding to a disclaimed interest; (6) beneficiary under a testamentary instrument; (7) beneficiary under an insurance policy; (8) joint owner with a right of survivorship in real or personal property, to the extent the survivor may take more than the survivor's equitable portion of the property; (9) a person named to take on the death of the other person; (10) donee of a power of appointment; (11) beneficiary under the terms of an inter vivos trust; or (12) a person designated to take pursuant to a power of appointment exercised by or under a testamentary instrument.
(b) Disclaimer pursuant to this act shall be made by filing a written instrument and giving notice thereof in the manner hereinafter provided. The instrument shall: (1) Describe the property, interest or power subject to the disclaimer, (2) contain a declaration of disclaimer and the extent thereof and (3) be signed and acknowledged by the disclaimant.
(c) Notwithstanding the provisions of subsections (a) and (b), a disclaimer shall only be valid to the extent that it does not conflict with K.S.A. 39-709 and amendments thereto.
History: L. 1968, ch. 367, § 1; L. 1976, ch. 242, § 47; L. 1980, ch. 168, § 1; L. 1985, ch. 191, § 45; L. 1993, ch. 180, § 2; July 1.
Law Review and Bar Journal References:
Cited in note on estate tax, Bruce Moore, 41 J.B.A.K. 45, 48 (1972).
"Disclaimer Statutes: New Federal and State Tools for Postmortem Estate Planning," Carolyn A. Adams, 20 W.L.J. 42 (1980).
"Minimizing Taxes at the Death of the Surviving Spouse," H. Joseph Price, Jr., 53 J.K.B.A. 164 (1984).
"Title Standards Committee releases TOD changes," 66 J.K.B.A. No. 9, 13 (1997).
CASE ANNOTATIONS
1. Disclaimers to interests in a testamentary trust held effective as to their makers; interests of unborn issue of disclaimants unaffected due to independent rights. In re Estate of Burmeister, 225 Kan. 807, 809, 810, 594 P.2d 226.
2. Disclaimer to will timely filed by beneficiary; judgment affirmed. In re Estate of Ramsey, 229 Kan. 7, 10, 622 P.2d 626.
3. Cited; disclaimer is renunciation of property right, not a change of relationship; manner in which estate descends unaffected. In re Estate of Estes, 239 Kan. 192, 193, 196, 718 P.2d 298 (1986).
4. Sale or other disposition of real or personal property by judicial process bars right to disclaim interest therein. Citizens State Bank of Grainfield v. Kaiser, 12 Kan. App. 2d 530, 537, 539, 750 P.2d 422 (1988).
5. Action against transfer to delay or hinder creditors (K.S.A. 33-102) as not barred by nonclaim statute (K.S.A. 59-2239) determined. Gorham State Bank v. Sellens, 244 Kan. 688, 689, 772 P.2d 793 (1989).
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