2015 Indiana Code TITLE 32. PROPERTY ARTICLE 17.5. UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT CHAPTER 7. DELIVERY OR FILING OF DISCLAIMER
Download as PDF
IC 32-17.5-7
Chapter 7. Delivery or Filing of Disclaimer
IC 32-17.5-7-1
Delivery; in general
Sec. 1. Subject to sections 2 through 11 of this chapter, a
disclaimer may be delivered by:
(1) personal delivery;
(2) first class mail; or
(3) any other method likely to result in receipt of the disclaimer.
As added by P.L.5-2003, SEC.1.
IC 32-17.5-7-2
Interest created by intestate succession or will
Sec. 2. A disclaimer of an interest created under the law of
intestate succession or an interest created by will, other than an
interest in a testamentary trust, must be:
(1) delivered to the personal representative of the decedent's
estate; or
(2) filed with a court having jurisdiction to appoint the personal
representative if no personal representative is then serving.
As added by P.L.5-2003, SEC.1.
IC 32-17.5-7-3
Interest in testamentary trust
Sec. 3. A disclaimer of an interest in a testamentary trust must be:
(1) delivered to the trustee then serving;
(2) delivered to the personal representative of the decedent's
estate if no trustee is then serving; or
(3) filed with a court having jurisdiction to enforce the trust if
no personal representative is then serving.
As added by P.L.5-2003, SEC.1.
IC 32-17.5-7-4
Interest in an intervivos trust
Sec. 4. A disclaimer of an interest in an inter vivos trust must be:
(1) delivered to the trustee then serving;
(2) filed with a court having jurisdiction to enforce the trust if
no trustee is then serving; or
(3) delivered to the settlor of a revocable trust or the transferor
of the interest if the disclaimer is made before the time the
instrument creating the trust becomes irrevocable.
As added by P.L.5-2003, SEC.1.
IC 32-17.5-7-5
Interest created by beneficiary designation
Sec. 5. A disclaimer of an interest created by a beneficiary
designation made before the time the designation becomes
Indiana Code 2015
irrevocable must be delivered to the person making the beneficiary
designation.
As added by P.L.5-2003, SEC.1.
IC 32-17.5-7-6
Disclaiming after beneficiary designation irrevocable
Sec. 6. A disclaimer of an interest created by a beneficiary
designation made after the time the designation becomes irrevocable
must be delivered to the person obligated to distribute the interest.
As added by P.L.5-2003, SEC.1.
IC 32-17.5-7-7
Jointly held property
Sec. 7. A disclaimer by a surviving holder of jointly held property
must be delivered to the person to whom the disclaimed interest
passes.
As added by P.L.5-2003, SEC.1.
IC 32-17.5-7-8
Disclaimer by object or taker in default of exercise of power of
appointment
Sec. 8. (a) This section applies to a disclaimer of an interest in
property by:
(1) an object; or
(2) a taker in default;
of exercise of a power of appointment.
(b) At any time after the power was created, the disclaimer must
be:
(1) delivered to the holder of the power or to the fiduciary acting
under the instrument that created the power; or
(2) filed with a court having authority to appoint a fiduciary if
no fiduciary is then serving.
As added by P.L.5-2003, SEC.1.
IC 32-17.5-7-9
Appointee of nonfiduciary power of appointment
Sec. 9. A disclaimer by an appointee of a nonfiduciary power of
appointment must be:
(1) delivered to:
(A) the holder;
(B) the personal representative of the holder's estate; or
(C) the fiduciary under the instrument that created the power;
or
(2) filed with a court having authority to appoint the fiduciary
if no fiduciary is then serving.
As added by P.L.5-2003, SEC.1.
IC 32-17.5-7-10
Fiduciary of a power over a trust or estate
Indiana Code 2015
Sec. 10. A disclaimer by a fiduciary of a power over a trust or
estate must be delivered as provided in section 2, 3, or 4 of this
chapter as if the power disclaimed were an interest in property.
As added by P.L.5-2003, SEC.1.
IC 32-17.5-7-11
Disclaimer by agent
Sec. 11. In the case of a disclaimer of a power by an agent, the
disclaimer must be delivered to the principal or the principal's
representative.
As added by P.L.5-2003, SEC.1.
Indiana Code 2015
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.