(a)A disclaimer may not be made after the beneficiary has accepted the interest sought to be disclaimed.
(b)For the purpose of this section, a beneficiary has accepted an interest if any of the following occurs before a disclaimer is filed with respect to that interest:
(1)The beneficiary, or someone acting on behalf of the beneficiary, makes a voluntary assignment, conveyance, encumbrance, pledge, or transfer
of the interest or part thereof, or contracts to do so; provided, however, that a beneficiary will not have accepted an interest if the beneficiary makes a gratuitous conveyance or transfer of the beneficiary’s entire interest in property to the person or persons who would have received the property had the beneficiary made an otherwise qualified disclaimer pursuant to this part.
(2)The beneficiary, or someone acting on behalf of the beneficiary, executes a written waiver under Section 284 of the right to disclaim the interest.
(3)The beneficiary, or someone acting on behalf of the beneficiary, accepts the interest or part thereof or benefit thereunder.
(4)The interest or part thereof is sold at a judicial sale.
(c)An acceptance does not preclude a
beneficiary from thereafter disclaiming all or part of an interest if both of the following requirements are met:
(1)The beneficiary became entitled to the interest because another person disclaimed an interest.
(2)The beneficiary or other person acting on behalf of the beneficiary at the time of the acceptance had no knowledge of the interest to which the beneficiary so became entitled.
(d)The acceptance by a joint tenant of the joint tenancy interest created when the joint tenancy is created is not an acceptance by the joint tenant of the interest created when the joint tenant survives the death of another joint tenant.
Notes of Decisions
Cassel v. Kolb, 267 B.R. 861 (N.D. Cal. 2001).
· cites it 6× “Cassel claims that by listing trust properties among his current assets, Kolb increased the likelihood that the bank would approve his loans and thus accepted the benefits of the trust under California Probate Code section 285. Accordingly, Cassel argues that Kolb’s subsequent…”
In Re: James Christopher Patow (9th Cir. BAP 2021).
· cites it 6× “Trustee argued that entering into the Agreement qualified as an acceptance and prevented James from disclaiming his interest under California Probate Code § 285. Linda opposed the motion and argued that the Agreement did not constitute a transfer of an interest in property.”
Comm'r, 121 T.C. 54 (1970).
· cites it 4× “As pertinent here, Cal. Prob. Code section 285 (West 2002) contains restrictions on the ability of a donee to make a disclaimer: (a) A disclaimer may not be made after the beneficiary has accepted the interest sought to be disclaimed.”
In re Crandall, 549 B.R. 734 (Bankr. D. Alaska 2016).
“Cal. Prob. Code § 285 (b)(3) (“[A] beneficiary has accepted an interest if .”
Sevier v. Bank of Am. Nat'l Trust & Sav. Ass'n, 225 P.2d 3 (Cal. Ct. App. 1950).
“” (Prob. Code, § 285.) No distribution to heirs, legatees or devisees shall be made within such one-year period, nor until three years after the qualification of the executor or administrator unless the distributee or assignee give to the representative of the estate a surety…”
Est. of Leona Engelman, Peggy D. Mattson v. Comm'r, 121 T.C. No. 4 (Tax Ct. 2003).
· cites it 2× “As pertinent here, Cal. Prob. Code section 285 (West 2002) contains restrictions on the ability of a donee to make a disclaimer: (a) A disclaimer may not be made after the beneficiary has accepted the interest sought to be disclaimed.”
— Cal. Probate Code § 285(a) — 2 cases
Cassel v. Kolb, 267 B.R. 861 (N.D. Cal. 2001).
“Cassel claims that by listing trust properties among his current assets, Kolb increased the likelihood that the bank would approve his loans and thus accepted the benefits of the trust under California Probate Code section 285. Accordingly, Cassel argues that Kolb’s subsequent…”
In Re: James Christopher Patow (9th Cir. BAP 2021).
“Trustee argued that entering into the Agreement qualified as an acceptance and prevented James from disclaiming his interest under California Probate Code § 285. Linda opposed the motion and argued that the Agreement did not constitute a transfer of an interest in property.”
— Cal. Probate Code § 285(b)(3) — 5 cases
Cassel v. Kolb, 267 B.R. 861 (N.D. Cal. 2001).
“Cassel claims that by listing trust properties among his current assets, Kolb increased the likelihood that the bank would approve his loans and thus accepted the benefits of the trust under California Probate Code section 285. Accordingly, Cassel argues that Kolb’s subsequent…”
Comm'r, 121 T.C. 54 (1970).
“As pertinent here, Cal. Prob. Code section 285 (West 2002) contains restrictions on the ability of a donee to make a disclaimer: (a) A disclaimer may not be made after the beneficiary has accepted the interest sought to be disclaimed.”
In Re: James Christopher Patow (9th Cir. BAP 2021).
“Trustee argued that entering into the Agreement qualified as an acceptance and prevented James from disclaiming his interest under California Probate Code § 285. Linda opposed the motion and argued that the Agreement did not constitute a transfer of an interest in property.”
Est. of Leona Engelman, Peggy D. Mattson v. Comm'r, 121 T.C. No. 4 (Tax Ct. 2003).
“As pertinent here, Cal. Prob. Code section 285 (West 2002) contains restrictions on the ability of a donee to make a disclaimer: (a) A disclaimer may not be made after the beneficiary has accepted the interest sought to be disclaimed.”
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